A sex trafficking victim accused of killing a man who allegedly trafficked her can argue at trial that she was justified in killing him, Wisconsin’s Supreme Court ruled Wednesday.
under a 2008 state law that absolves sex trafficking victims of any offenses resulting from being trafficked. Nearly 40 states have passed laws that give trafficking victims at least some level of criminal immunity, according to Legal Action of Wisconsin, which provides legal help for low-income people.They had planned to invoke the immunity law at her trial on charges that include arson and first-degree intentional homicide, but Kenosha County Circuit Judge David Wilk refused to allow it.
Assistant Attorney General Timothy Barber said during oral arguments in March that Kizer’s interpretation would create an unprecedented expansion of the self-defense doctrine, eliminating any questions about whether killing someone was reasonable or necessary.The Wisconsin Supreme Court decision isn’t binding on other states but could inform attorney strategies in similar cases elsewhere in the country, legal experts say.
Anti-violence groups lined up to support Kizer, filing briefs in her case saying that trafficking victims often feel so trapped they believe they have to take matters into their own hands.The Associated Press does not typically identify people who say they are sexual assault victims, but Kizer discussed her case in an interview from jail with The Washington Post that was published in 2019.
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