Cognitive Biases, Victim Blaming, And Judicial Responsibility Attribution in Human Trafficking Cases

Abstract Book of the 8th International Conference on Social Sciences, Humanities and Arts

Year: 2026

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Cognitive Biases, Victim Blaming, And Judicial Responsibility Attribution in Human Trafficking Cases

Rus Mihaela

ABSTRACT:

Human trafficking cases frequently raise complex questions regarding victim agency and the attribution of responsibility, particularly in situations where victims’ behavior is interpreted as apparent consent or voluntary participation. Judicial decision-making in such cases is shaped not only by legal standards but also by cognitive processes that influence how judges interpret evidence, credibility, and victim conduct. This study examines how cognitive biases may contribute to victim-blaming narratives and affect judicial assessments of responsibility in human trafficking cases.
The aim of the research is to analyze the extent to which psychological mechanisms influence judicial reasoning and the interpretation of victims’ actions within trafficking proceedings. Particular attention is given to cognitive distortions such as the Fundamental Attribution Error, Belief in a Just World, and Confirmation Bias, which may lead decision-makers to attribute responsibility to victims while underestimating situational factors such as coercion, vulnerability, and psychological control.
Methodologically, the study adopts an interdisciplinary approach combining doctrinal legal analysis with insights from judicial psychology and victimology. The research includes the examination of relevant legal frameworks on human trafficking, selected judicial decisions, and psychological literature on cognitive bias and responsibility attribution. Through this approach, the study explores how psychological mechanisms may shape the interpretation of victims’ behaviors, such as delayed reporting, continued contact with traffickers, or apparent cooperation, often used as indicators of agency in legal proceedings.
The findings highlight the need for trauma-informed judicial practices and increased awareness of cognitive biases in order to ensure more accurate assessments of responsibility and stronger protection of victims’ rights in human trafficking cases.

Keywords: cognitive biases; victim blaming; judicial decision-making; attribution of responsibility; human trafficking; judicial psychology; coercion and control; apparent consent; victims’ rights; trauma-informed justice