Judge Upholds Novel Use of Labor Laws in SlaveSpace.com Case

BROOKLYN — Judge Allyne Ross of the Eastern District of New York upheld a “novel application” of forced labor and sex trafficking laws in the trial and conviction of Glenn Marcus, the webmaster of extreme bondage site SlaveSpace.com.

Marcus, 53, was found guilty in March of sex trafficking and forced labor charges, but was acquitted on obscenity charges stemming from the operation of his website. Marcus faces up to 30 years imprisonment on the labor and trafficking charges.

In a bid to overturn his conviction, Marcus’ attorneys Maurice Sercarz and Julia Gatto argued that while Marcus’ conduct might be reprehensible to most observers, his behavior came in the context of a domestic relationship with his former “slave” who brought charges against him (a woman identified only as “Jodi” in court).

Sercarz and Gatto argued that the Trafficking Victims Protection Act of 2000 was not intended by Congress to pertain to private conduct and domestic relationships, and that the term “commercial sex act” did not apply when the defendant was being paid for appearing in photographs of sex acts, rather than being paid for the sex acts themselves.

The attorneys further asserted that there was insufficient evidence to support the jury establishing a connection between the defendant’s coercion within his personal relationship with Jodi, and the commercial sex and labor elements, both of which involved her working on Marcus’ website.

In the decision issued last week, Judge Ross disagreed, reasoning that neither the language of the statutes nor their legislative history supported setting aside the jury’s verdict in the case. Ross said that the jury, after seven days of deliberation in the case, arrived on a fair interpretation of the evidence.

“The defendant has provided no reason why the court should question the jury’s apparent determination that Jodi was a credible witness, and the court finds none,” Judge Ross wrote in the decision issued last week. “After a close review of the evidence presented at trial, the court finds the commercial aspects to be sufficiently pervasive in the nonconsensual portion of the relationship between Jodi and the defendant that a new trial on these grounds is not warranted.”

Sercarz said that he would appeal the decision to the 2nd U.S. Circuit Court of Appeals.

“I think this is a case calling for lenity and a narrow reading of the statute,” Sercarz said, according to the New York Law Journal. “If you read the statute as broadly as the government would have you read it, it is going to subsume within it a lot of day-to-day, innocent conduct. It seems to me there is no federal interest being vindicated here.”

While she conceded that “Congress did not expressly indicate its desire to regulate labor or services performed within the household,” Judge Ross reasoned that “the legislative history provides no cause to believe that Congress intended that type of labor to be excluded from the legislation’s reach.”

“While this case undoubtedly presents a novel application of the forced labor and sex trafficking statutes, the evidence at trial was sufficient to show that defendant’s conduct fell within the plain language of the statutes,” Judge Ross wrote.

The case is U.S. v. Marcus, 05-CR-457.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Texas AG Briefs US Supreme Court on AV Argument

Texas Attorney General Ken Paxton on Friday submitted his brief to the U.S. Supreme Court on behalf of the state's age verification law, HB 1181, which is being challenged by a group led by Free Speech Coalition (FSC).

FSC: Kansas Attorneys Seeking Plaintiffs to Sue Adult Companies Over Age Verification

Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies under the state's age verification law.

Ukrainian Parliament Registers Bill to Decriminalize Porn

Ukraine's parliament, the Verkhovna Rada, registered a bill today to decriminalize the creation and distribution of pornography.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday’s election and concerns about Project 2025’s potential ramifications, MojoHost President Brad Mitchell has released a statement affirming its commitment to the adult industry.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

Show More