Ex Post Facto Clause Error in Trafficking Case Prompts New Trial

August 20, 2008

A man accused of human trafficking under the guise of a consensual sadomasochistic relationship will get a new trial because of the ex post facto clause to the U.S. Constitution, which bars Congress from passing a law that makes an act a crime that was legal when committed. Glenn Marcus was convicted in the Eastern District of New York of sex trafficking and forced labor under the Trafficking Victims Protection Act for forcing a woman into beatings, sex acts and working on his bondage Web site.