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“Knew or Should Have Known” Under the TVPA Under the Trafficking Victims Protection Act (TVPA), the phrase knew or should have known is a critical legal term used in determining whether an entity bears responsibility for enabling or failing to prevent trafficking. This standard appears in 18 U.S.C. §1595 and is central to civil trafficking litigation across the United States, especially when plaintiffs argue that a business or institution ignored warning signs that were reasonably identifiable through normal oversight. At its core, this standard asks whether a defendant possessed either actual knowledge of trafficking or constructive knowledge, meaning the circumstances were so clear that a reasonable person exercising ordinary care would have recognized the risk. In civil trafficking lawsuits, this does not require proof that a business intended to participate in exploitation. Instead, it evaluates whether a defendant failed to take action despite visible indicators. This standard is especially important in civil cases brought by victims seeking remedies for exploitation facilitated through corporate negligence. Under federal civil procedure, plaintiffs must demonstrate that the defendant either knew what was happening or ignored conditions that clearly signaled danger. This duty of awareness forms the backbone of modern civil trafficking litigation and continues to expand liability for institutions that fail to meet their responsibility to protect individuals who come into contact with their services or facilities.




