AB 681

This bill creates a civil cause of action for a person who is the victim of

commercial sexual exploitation. Under the bill, any of the following may be an act

of commercial sexual exploitation: human trafficking, sexual exploitation of a child,

soliciting a child for prostitution or sex trafficking of a child, possession or production

of child pornography, soliciting a prostitute, pandering, or keeping a place of

prostitution.

Under the bill, a person who is a victim of an act of commercial sexual

exploitation (victim) may bring a civil action against the person who committed the

act of commercial sexual exploitation, who recruited victims, or who earned revenue

or other compensation as a result of the victim's commercial sexual exploitation

(actor) regardless of whether criminal charges are brought or proved against the

actor. If the victim prevails in his or her action, he or she may collect actual damages,

punitive damages, costs and attorney fees, and any gross revenues earned by the

actor related to his or her commercial sexual exploitation of the victim.

The bill prohibits the actor from raising several possible defenses in a civil

action, including that the victim willingly engaged in the act of commercial sexual

exploitation, that the victim had a consensual sexual relationship with the actor or

with another person, that the victim did not attempt to flee or terminate the act of

commercial sexual exploitation, that the victim was compensated for his or her acts,

or that the victim was not physically contacted by the actor or by another participant

in the act of commercial sexual exploitation.