Wisconsin Sex Trafficking Victim Accused of Murder Wins Appeal
A state law could acquit Chrystul Kizer, a child sex-trafficking victim who killed her abuser, and pave the way for future acquittals on similar grounds.
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An appellate court in Wisconsin has ruled that Chrystul Kizer, a child sex-trafficking victim charged with killing her alleged abuser, may be able to use a state law, known as the affirmative defense, to present evidence to a Kenosha judge, and possibly a jury, that her actions were a “direct result” of the trafficking she experienced, reports the Washington Post. If successful, she could be acquitted of some or all of the charges against her, rather than face a mandatory life sentence — and could break legal ground for trafficking victims accused of crimes. In Kenosha, prosecutors argue that when Kizer was 17, she planned the 2018 murder of 34-year-old Randall Phillip Volar III in order to steal his BMW. Kizer says she was defending herself after Volar, who had been filming his abuse of her since she was 16, pinned her to the floor when she refused to have sex with him.
The affirmative defense law states that trafficking victims have a legal defense “for any offense committed as a direct result” of being trafficked, but prosecutors argued that “any offense” did not include homicide and that even if it did, Kizer’s charges should only be lowered to lesser ones. The appeals court agreed with Kizer’s lawyers, who argued “any offense” did indeed mean “any offense.” If Kizer and her attorneys can prove to a judge that there is “some evidence” her crime was a “direct result” of her trafficking, then she will probably go before a jury. If that jury agrees that her charges were a “direct result” of her victimization, she would be found not guilty. The decision could also have bearing on whether other states with broad affirmative defense laws, including Iowa, Oklahoma, South Carolina and Wyoming, allow individuals to employ them when charged with violent offenses. It may also influence how new affirmative defense laws, which are a priority of anti-trafficking advocates, are written.
