Drafters should include a provision for restitution to trafficking victims where none is already included in the criminal code or other laws. Restitution should be one of the many criminal sanctions imposed upon the trafficker upon conviction. Judges should give priority to restitution over fines. Restitution should include:
o Costs of medical, physical, psychological or psychiatric treatment;
o Costs of physical and occupational therapy or rehabilitation;
o Costs of necessary transportation, temporary childcare, temporary housing or the movement of the victim to a safe residence;
o Lost income and due wages according to national law and regulation regarding wages;
o Legal fees and other costs or expenses incurred, including costs incurred related to the participation of the victim in the criminal investigation and prosecution process;
o Payment for non-material damages, resulting from moral, physical or psychological injury, emotional distress, pain and suffering suffered by the victim as a result of the crime committed against him or her;
o In the case of an offence resulting in death, or bodily injury that results in death, the costs and expenses of necessary funeral and related services; and
o Any other costs or losses incurred by the victim as a direct result of being trafficked and reasonably assessed by the court.
(See: UNODC Model Law Against Trafficking in Persons, Art. 28, 2009; Polaris Project Model Comprehensive State Legislation to Combat Trafficking in Persons, 1.8, 2006; Model Provisions for State Anti-Trafficking Laws, Center for Women and Public Policy, Mandatory Restitution to Victims Proposed Language, 4, 2005; State Model Law on Protection for Victims of Human Trafficking, Division C, 2005)
Drafters may also consult language in the State Model Law on Protection for Victims of Human Trafficking, Division C related to the procedure for an order of restitution and enforcement of the restitution order.
When a trafficking victim cannot be fully compensated by a convicted offender, the government should make funds available though a crime victim’s restoration fund.