Accountability and Closure for Survivor of Exploitation
November 6, 2019
In late 2013, Lydia* had left an abusive relationship, and was living in her native Mexico, raising three children on her own. Her situation was getting increasingly economically desperate when Lydia’s aunt connected her with Mr. Jones*, an employer in the United States. Shortly after, Mr. Jones met Lydia and offered to bring her to Chicago to work for him as a nanny for his children. Lydia did not want to leave her country or her family, but she had few options for survival. She came to Chicago expecting stable work in a safe place with the freedom and economic independence Mr. Jones promised her. Unfortunately, what awaited her was quite the opposite.
Mr. Jones confiscated Lydia’s passport and exploited her. He required Lydia to work long hours without the pay she deserved. He often left his children in her care while he hosted vulgar and rowdy parties. The situation grew worse when Mr. Jones began making sexual comments to Lydia. His harassing behavior turned physical when he started groping her. Lydia’s workplace became synonymous with humiliation and fear. Yet, she felt trapped by her abusive employer.
Lydia’s nightmare intensified when Mr. Jones raped and threatened her. She feared for her life but could not remain in his home under such horrendous circumstances. Thankfully she was able to escape to California.
Mr. Jones’s forceful, fraudulent, and coercive actions caused Lydia to lose wages and her self-worth. The emotional impact of his actions was devastating. Lydia was left with few resources and a great need for mental and physical healthcare.
Lydia’s harrowing experience brought her to CAASE. There were many legal issues implicated by her experience, spanning immigration, trafficking, and labor and employment law. On top of her complex legal situation, Lydia lived out of state and does not speak English. CAASE knew her case required a well-resourced, understanding, patient, and hard-hitting pro bono counsel to represent her.
CAASE immediately contacted one of our Pro Bono Partners and former PILI Fellow, Garrett Fitzsimmons. He is a proven litigator and passionate about representing survivors of sexual violence. As an associate at Jenner & Block, Garrett had already taken on several matters on behalf of survivors of sexual exploitation. CAASE always trusted Garrett to do amazing work and he continued that legacy by recruiting Jenner & Block Partner Precious Jacobs to serve as lead counsel. While CAASE had never worked with Precious before, it became immediately clear that she was “all in” and would serve as an excellent lawyer for Lydia.
With extensive hours of translation support from CAASE’s Pro Bono Coordinator, Precious and Garrett took the time to listen to Lydia and communicate with her despite language barriers and geographic challenges. They even worked with the consulate in Mexico. Eventually, Precious and Garrett gathered the facts and drafted a complaint under the federal Trafficking Victims Protection Act, the Illinois Gender Violence Act (IGVA), and other common law tort claims.
Lydia, however, was facing both financial and health crises. She hoped to resolve the matter more quickly than litigation would allow. Precious and Garrett understood her situation and pursued settlement negotiations instead of litigation. They were able to settle Lydia’s case in her favor in record time. Their in-depth investigations, sharp legal knowledge, and fierce advocacy made a positive outcome possible. The settlement they secured for Lydia gave her a sense of accountability and closure while enabling her to move forward without the stress and anxiety that litigation often causes survivors. CAASE is grateful for its pro bono partnership with Jenner & Block LLP and thankful to Garret and Precious for their incredible representation and successful resolution on this case.
CAASE’s Pro Bono Project is a vital part of our Legal Program that helps us serve more clients, provides high-quality representation to survivors, and connects attorneys with fulfilling volunteer opportunities. If you are interested in getting involved with our Pro Bono Project, email probono@caase.org
*Name changed to preserve confidentiality