Sex trafficking victim Chrystul Kizer wins at Wisconsin Supreme Court

Kizer does not deny killing 34-year-old Randall Phillip Volar III in 2018. For years, she has been fighting for the opportunity to show evidence to a judge, and eventually a jury, that her actions were the “direct result” of the exploitation and abuse Volar subjected her to. She hoped to employ a never-before-used Wisconsin law that was designed to offer legal protection to some trafficking victims, who are often coerced or cornered into committing crimes while they are being exploited.

He was sexually abusing underage girls. Then one of them killed him.

The law states that such victims have an affirmative defense for “any offense committed as a direct result” of trafficking. But prosecutors and Kizer’s attorneys have been at odds over what “direct result” really means.

They’ve also argued about whether the law would provide Kizer with a complete defense to the charges, meaning she could be acquitted, or whether her charge should be changed from first-degree homicide to second-degree — meaning she would still face up to 60 years in prison.

The court, in a 4-3 ruling, settled the matter, affirming a lower court’s decision and siding with Kizer on both issues.

“We hold that [the law] is a complete defense to a charge of first-degree intentional homicide,” wrote Justice Rebecca Frank Dallet.

Now, Kizer’s case, which has been stalled for years, can continue.

If a judge agrees there is some evidence that her crimes were a direct result of trafficking, she will be able to present the same argument to a jury.

If the jury sides with her, she could be acquitted of some or all the charges against her.

“Chrystul Kizer deserves a chance to present her defense, and today’s decision will allow her to do that,” Colleen Marion, one of Kizer’s public defenders, said in a statement Wednesday. “While the legal process on this matter is far from over, we, along with Chrystul and her family, believe the decision today affirms the legal rights provided by Wisconsin statute to victims of sex trafficking facing criminal charges.”

Wisconsin Attorney General Josh Kaul, whose office argued against Kizer in court, said in a statement: “Today’s decision brings needed clarity regarding the scope of the affirmative defense for survivors of the vile crime of human trafficking.”

The news is a triumph for those who have rallied around Kizer. There are more than 1.5 million signatures on a Change.org petition asking that all charges against her be dropped. Celebrities and high-profile sex trafficking survivors, including authors Cyntoia Brown-Long and Sara Kruzan, have argued that Kizer needs therapy, not prison. Anti-sex-trafficking advocates and attorneys, including those who have represented victims of…