In the sex trafficking trial of Ghislaine Maxwell, British socialite and close associate of the late disgraced financier Jeffrey Epstein, prosecutors and the defense have presented dueling theories. Prosecutor Lara Pomerantz has alleged that Maxwell and Epstein were “partners in crime” in perpetrating horrific sexual abuse. Maxwell’s attorney Bobbi Sternheim presented a quite different narrative. She argued that Maxwell is on trial because she is a “convenient stand-in” for Epstein. She suggested that Maxwell was a victim of Epstein’s manipulations.

What if both sides are right?

What we do know is that most victim-defendants in trafficking cases in the U.S., unlike monied socialite Maxwell, are more likely to be people of color, indigent and have suffered a history of abuse.

Legislators and prosecutors have consistently struggled to make sense of victim-defendants. Since Congress passed the Trafficking Victims Protection Act of 2000, which established federal sex trafficking crimes and protections for victims, we continue to see how the categories of “victim” and “defendant” have proven to be less than tidy. Many victims who play a role in the trafficking are themselves victims of gender-based violence. Indeed, they are often intimately connected to the lead perpetrators. They are their partners, their sisters and their mothers.

Criminal law is a blunt instrument for navigating the challenges presented by the victim-defendant. There is little room for gray. Moreover, anti-trafficking efforts in the United States have prioritized criminal prosecution. Federal money has flowed into nonprofit organizations to promote collaboration with governmental task forces and law enforcement. Few incentives exist to unravel the complexities presented by victim-defendants or provide alternative solutions.

There is no federal avenue to vacate criminal convictions that relate to trafficking. There are very few reentry programs that help victim-defendants who emerge from the criminal legal system. Moreover, criminal law remains the dominant mode of governmental intervention. The typical response is to seek prosecution, rather than examine the factors that render individuals vulnerable to exploitation and abuse.

Victim-defendants in sex trafficking cases are often doubly punished by the criminal system. We should be having a broader discussion about just treatment for these defendants and consider more nuanced solutions.

Julie Dahlstrom is a clinical associate professor of law at Boston University, the director of the Immigrants’ Rights & Human Trafficking Program.