SEX TRAFFICKING IN NEVADA

Sex trafficking is a heinous crime which must be eradicated. Unfortunately, Nevada has one of the highest human trafficking rates in the United States, according to the World Population Report, and the state ranks second in the nation for human trafficking incidents per 100,000 people.

At Levy Konigsberg, we are fighting for survivors of sex trafficking in Nevada, including survivors who experienced sex trafficking in hotels and motels, and in any other facility or location.

For those affected by sex trafficking, justice and support are critical. If you or a loved one has been hurt by sex trafficking in Nevada, contact Levy Konigsberg today. Together, we can fight for accountability and help survivors reclaim their lives.

What is Sex Trafficking?

• Sex trafficking is a form of human trafficking where a person is forced to perform sexual acts by threats, coercion, or intimidation. If a child under the age of 18 is made to engage in for-profit sexual activity, regardless of the use of force or threatened coercion, the perpetrator is guilty of violating federal law. Any offender who partakes in sex trafficking by recruiting, sheltering, transporting, advertising, or soliciting victims to provide commercial sexual services is guilty of a federal crime. Perpetrators of sexual trafficking crimes often transport victims through commercial airports and other forms of public transportation to hotels, motels, salons and sporting events to engage in coerced sexual activity.

Legislation Provides Criminal and Civil Liability to Perpetrators

• Businesses and institutions that engage in sex trafficking are now subject to state and federal civil claims brought by victims of trafficking schemes. The Trafficking Victims Protection Act of 2000 (“Act”), which has been amended several times since its inception, provides that human trafficking is a crime under the Racketeering Influenced Corrupt Organizations (RICO) statute. The Act assigns criminal liability to perpetrators who receive sexual services from those forced into trafficking. It also authorizes victims to file civil claims against businesses and institutions that “knowingly benefit from their participation in what they knew or should have known” was sex trafficking activities.

Sex Trafficking in Hotels and Motels

• Hotels and motels across the country have become some of the most common places of abuse for survivors of human trafficking and sex trafficking, according to Homeland Security Investigations. The Polaris Project, a nonprofit fighting sex trafficking, reported that nearly 9,000 victims of sex trafficking identified hotels as the places where the trafficking and abuse occurred. Hotels and motels have a responsibility to identify and act upon red flags for sexual abuse and trafficking occurring in their rooms and on their property.

• Lawsuits targeting major hotel chains have proliferated in recent years, spurred by the expanded rights afforded under the Trafficking Victims Protection Reauthorization Act (TVPRA). Over the past two years, a wave of litigation has swept across the nation, with trafficking survivors taking legal action against prominent hotel brands like Hilton, Marriott, and Wyndham. These lawsuits allege that these hotels were either aware of or should have been aware of the presence of sex trafficking and exploitation on their premises, and that they profited from these illicit activities. Several of these legal battles have culminated in substantial financial settlements.

• When hotels are implicated in human trafficking, lawsuits may ensue, initiated either by the victims themselves or by governmental bodies. Typically, these legal actions assert that the hotel failed to implement adequate measures to prevent trafficking or neglected to report suspected instances to the authorities. Moreover, hotels may be held responsible for the damages inflicted upon trafficking victims, encompassing physical and psychological harm, lost income, and other associated losses.

• To combat human trafficking effectively, hotels are expected to establish robust anti-trafficking protocols, encompassing employee training to identify and report signs of trafficking, the implementation of monitoring systems to detect suspicious activities, and collaboration with law enforcement agencies during trafficking investigations. Moreover, hotels should have been cognizant of resources such as the End Child Prostitution and Trafficking (ECPAT-USA) guidelines and the Tourism Child-Protection Code of Conduct, as well as advisories from the Department of Homeland Security, which outline indicators of human trafficking, including signs of physical neglect, constant surveillance, and unusual requests for housekeeping services without room entry. Failure to adhere to these standards may render hotels liable for their complicity in facilitating trafficking.

• In many instances, the negligence exhibited by hotels appears deliberate, with knowledge of sex trafficking coupled with a deliberate disregard for addressing it. Numerous customer reviews of these establishments contain complaints from guests regarding overt prostitution and human trafficking activities transpiring within the premises, underscoring the willful blindness exhibited by these hotels.

History of Sex Trafficking in Nevada

Examples of sex trafficking in Nevada in recent years include:

• In February 2024, a survivor filed a lawsuit against Nevada officials and several brothels for allegedly enabling sex trafficking.  The victim allegedly faced trafficking within Nevada’s legal brothel system between 2017 and 2022. She claimed that the state, its counties, and brothel operators, including Western Best (doing business as Chicken Ranch), created and benefitted from an environment conducive to sex trafficking.

• In December 2023, Jacques Anton Lanier, also known as “John Dupree,” pleaded guilty to federal charges of child sex trafficking and exploitation. Between April and December 2017, Lanier allegedly coerced nine underage girls into sexual activities for money and drugs, engaged in sexual acts with several minors, obtained explicit images, and created child pornography involving at least one victim. In 2018, while in custody, Lanier allegedly intimidated and threatened a victim to avoid testifying, evade legal proceedings, and stop cooperating with law enforcement.

• In November 2023, a lawsuit was filed against the Hampton Inn, Hilton-related companies, Red Rock Resorts, the San Manuel Band of Mission Indians, and an alleged trafficker for failing to intervene in a sex trafficking.  In mid-2019, the then 16 year-old plaintiff was allegedly coerced into sex work, primarily at the Hampton Inn Las Vegas/Summerlin, and was later involved in a trafficking incident at the Palms where men attempted to coerce her and others into making a pornographic film.  According to the lawsuit, staff allegedly saw the victim and a man arrive and depart around the same time, and should have understood what was happening based on other clues like her age, clothing, failing health and frequent visits.

• In December 2020, authorities announced a federal human trafficking operation in the District of Nevada, resulting in prosecutions, including sex trafficking. Kenton King was indicted on charges of coercion and enticement, sexual exploitation of a child, attempted sex trafficking, and possession of child pornography. He allegedly attempted to coerce an underage victim into prostitution and other sexual offenses. Jeffrey Lofstead was indicted for attempted sex trafficking of children. He allegedly tried to recruit a minor for a commercial sex act in October 2020. Denzel Renyal Michael Loyd was indicted on charges, including coercion, sexual exploitation of a child, sex trafficking of children, and possession of child pornography. He allegedly coerced four minors via Facebook into prostitution from February to March 2020, sent obscene material to a victim, and possessed child pornography.  Mario Alston was also charged with attempted sex trafficking of children.

Do I Have a Case?

You may have grounds to file a civil legal action if you were a victim of sex trafficking.

As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:

• Your abuser is no longer alive.
• Your abuser was never charged with or convicted of a crime.

Recoverable Damages in Sexual Abuse Claims

In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:

• Past medical and mental health expenses
• Future mental health expenses, including therapy, medications, etc.
• Pain and suffering
• Emotional anguish and psychological harm
• Lost income
• Other economic and non-economic damages

Sex Trafficking Statute of Limitations

A statute of limitations sets deadlines for victims to bring claims against their abuser or entities responsible for the abuse. On September 16, 2022, federal legislation entitled “The Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022” was enacted.  The Act eliminates the statute of limitations for a minor victim of certain federal human trafficking or sex offenses.  Under prior law, the statute of limitations for these claims was no later than 10 years after the date on which the plaintiff reasonably discovers the violation or injury, whichever occurs later, that forms the basis for the claim, or no later than 10 years after the date on which the victim reaches 18 years of age.  While the Act took effect on September 16, 2022, it does not revive claims that would have already been barred as of September 15, 2022 by the prior statute of limitations.  The Act only applies to claims or actions not previously barred that arise after September 16, 2022.  

To understand the statute of limitations for your case, it's essential to consult with an experienced lawyer. At Levy Konigsberg, our attorneys specialize in handling both childhood sexual abuse cases and adult sexual abuse cases. We can assess the merits of your potential case and determine how the statute of limitations specifically applies to the facts of your case.

Sex trafficking is a horrifying and inhumane crime that continues to plague communities in Nevada. It robs individuals of their dignity, freedom, and safety, leaving behind a trail of pain and devastation. 

At Levy Konigsberg, we are here to help survivors of sex trafficking navigate their path to justice and healing.