1. A. Human trafficking victims shall:

   1. 1. Be housed in an appropriate shelter as soon as practicable;
   2. 2. Not be detained in facilities inappropriate to their status as crime victims;
   3. 3. Not be jailed, fined, or otherwise penalized due to having been trafficked;
   4. 4. Receive prompt medical care, mental health care, food, and other assistance, as necessary;
   5. 5. Have access to legal assistance, information about their rights, and translation services, as necessary; and

   6. 6. Be provided protection if the safety of the victim is at risk or if there is a danger of additional harm by recapture of the victim by a trafficker, including:

      1. a. taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals, and
      2. b. ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.
2. B. Any person aggrieved by a violation of subsection B of Section 748 of this title may bring a civil action against the person or persons who committed the violation to recover actual and punitive damages and reasonable attorney fees. A criminal case or prosecution is not a necessary precedent to the civil action. The statute of limitations for the cause of action shall not commence until the latter of the victim’s emancipation from the defendant or the victim’s twenty-first birthday.

Laws 2008, HB 1021, c. 134, § 2; Amended by Laws 2010, SB 956, c. 325, § 2, emerg. eff. June 5, 2010 (superseded document available).