S.F. couple accused of exploiting, trafficking woman from Philippines who cared for their child

The District Attorney's Office claims the couple exploited and forced a victim — named in the release only as Nicel R. — to work for them as a full-time nanny after they moved to San Francisco from the Philippines. The nanny was originally living there, too, and arrived in San Francisco in 2019.

Prosecutors allege the couple “forced” the nanny to work seven days a week caring for their child in addition to other “forced labor” in and outside of the home.

Prosecutors added that the couple told the victim she would only have to be in the U.S. for three months, but her stay turned into nearly 2½ years. They also allege that the couple isolated the victim, who does not speak English, by controlling her passport, restricting her from having cell service or friends, and monitoring her ability to leave the home.

Adam Gasner, who is representing Lim, said the “loving couple” had been caring for their severely autistic child for many years in tandem with the nanny, whom they'd known from the Philippines. Gasner and Neil Hallinan, who is representing Aguila, said any labor violations that may have been made were “inadvertent,” and based on standard practices in the Philippines.

Both Lim and Aguila are citizens of the Philippines, and Lim is a permanent resident of the U.S. To the couple, the nanny — a woman in her 40s — was like “family to them,” the attorneys said.

“(The family) is horrified and saddened that their relationship has been mischaracterized as human trafficking,” Gasner said. “The nanny never voiced a complaint to them, and if she had, they would have done anything reasonable she requested because they cared for her and her contributions to their family.”

According to the District Attorney's Office, the investigation began after a neighbor called the police. The San Francisco Police Department's Special Victims unit reportedly rescued Nicel in November 2021. Aguila and Lim turned themselves in to authorities individually, on Nov. 30 and Dec. 4, 2022, respectively.

Gasner and Hallinan said they believe a “third party” misunderstood the circumstances.

“There was certainly no duress, no false imprisonment,” Hallinan said. “I think the evidence is going to demonstrate that (the nanny) made a lot more friends in the U.S. than they had.”

The couple has been charged with one count of felony conspiracy to commit human labor trafficking, one count of felony human labor trafficking, three counts of felony unemployment insurance code violations and three counts of misdemeanor labor code violations, according to the District Attorney's Office.

If convicted of all charges, they could each face more than 19 years in prison.

“Domestic workers are particularly vulnerable to exploitation and trafficking due to their isolation within their employers' homes,” Jenkins wrote in her statement. “Our office stands with the victim and will do everything in our power to hold Jose Aguila and Lorraine Lim accountable and send a message that this conduct will not be tolerated.”

An investigation also alleges that the couple paid Nicel $240 per month for the first several months of her stay, and then only $40 a month after that. The victim reportedly slept in a storage room crowded with boxes and no heat, and was not provided any benefits, rest breaks, sick leave or other mandatory employee benefits.

Defense attorneys maintained that the family lived “on the same resources” and that their arrangement was familial.

Each of the suspects posted bond on $100,000 bails set by the court. Both Lim and Aguila are out of custody.

A pre-hearing conference is scheduled for January 25.

Annie Vainshtein (she/her) is a San Francisco Chronicle staff writer. Email: [email protected] Twitter @annievain