THE OKLAHOMA BAR JOURNAL 14 | AUGUST 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. remedy. Where Title VII or state civil rights statutes might fall short due to limitations on individual liability, damages caps or employer size thresholds, the TVPA provides a powerful federal civil tool to confront and redress the exploitation of vulnerable persons under color of authority. A NOTE ON THE OUTCOME OF UNITED STATES V. COMBS, 1:24-CR-00542 (S.D.N.Y.) Although a Manhattan jury acquitted Mr. Combs of sex trafficking and racketeering conspiracy, it convicted him on two counts of transportation to engage in prostitution.22 These criminal convictions may play a significant role in the outcome of the many civil lawsuits still pending against him. Although a Manhattan jury acquitted him of sex trafficking and racketeering conspiracy, it convicted him on two counts of transportation to engage in prostitution. Legal analysts say this result could aid civil plaintiffs. As trial lawyer Mark Zauderer told Forbes, the criminal trial likely gave civil litigants a roadmap to witnesses and helpful evidence.23 Even though the most serious charges did not result in convictions, the prostitution-related counts could still support claims of sexual abuse or trafficking if the same evidence is involved. This is especially true because civil cases only require proof by a preponderance of the evidence, a far lower standard than the requirement of proof beyond a reasonable doubt in criminal trials. In civil court, if he chooses not to testify, that silence may be viewed unfavorably by jurors. That is not permitted in a criminal trial. Although the acquittals may dissuade some potential plaintiffs, Mr. Combs still faces numerous lawsuits involving allegations of sexual misconduct, some dating back decades and including claims brought by minors at the time of the alleged abuse. Plaintiffs range from celebrities, such as Dawn Richard and producer Rodney “Lil Rod” Jones, to previously unknown individuals who accuse Mr. Combs of acts including drugging, rape, physical abuse and emotional torment. Several suits were filed just before or during the final days of the criminal proceedings. Taken together, these cases show that Mr. Combs remains vulnerable to substantial legal consequences on the civil side, even while the criminal verdicts were mixed. SCOPE: WHAT KINDS OF WORKPLACE ABUSE FALL UNDER THE TVPA? Two core prohibitions are most relevant: forced labor (18 U.S.C. §1589) and sex trafficking (18 U.S.C. §1591). Forced labor includes providing or obtaining a person’s labor or services through threats, harm, restraint or abuse of law or legal process (or any scheme intended to coerce through fear).24 Sex trafficking, as relevant to adult victims, is recruiting or coercing a person to engage in a commercial sex act by means of force, fraud or coercion.25 A critical definition in the sex trafficking context is “commercial sex act,” defined as any sex act on account of which anything of value is given to or received by any person.26 Courts have interpreted that term broadly – for instance, a coerced sexual encounter provided in exchange for continued employment or a job benefit can qualify as a “commercial sex act” under the statute.27 Thus, if a supervisor demands sexual acts as a condition of employment (quid pro quo harassment in its most extreme form) and uses threats or intimidation to enforce that demand, the elements of a TVPA sex trafficking claim may be met. The same facts could also implicate forced labor since the victim is being compelled to “provide [sexual] services” through threats. It is important to note that the TVPA is not a catchall for any workplace harassment. The statute will not cover ordinary hostile work environment claims or boorish behavior lacking the required Finally, one should recognize that the TVPA’s civil cause of action was not available at all until 2003. Earlier victims of workplace sexual exploitation had no option of bringing a trafficking-based civil claim.
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