A 17-year-old girl allegedly shot a man in the head, set his house on fire, and stole his BMW in June 2018. The Wisconsin Supreme Court ruled in July 2022 that state law gives her the right to argue sex trafficking as an immunity defense.
She faces several felony charges, including arson and first-degree intentional homicide. The latter charge carries a mandatory life sentence.
The high court ruling is not a free pass. The young woman must now show a trial judge that her actions were connected to being trafficked. Prosecutors will have to prove beyond a reasonable doubt that the defense does not apply.
State Law Absolving Trafficking Victims
A 2008 state law absolves sex trafficking victims from criminal responsibility for any violations committed as a direct result of being trafficked.
Wisconsin is one of many states with laws that decriminalize certain actions of anyone forced into sex work.
Trafficking Defense Initially Denied
The defendant told the court that the man she killed sexually assaulted her and sold her to others for sex. She killed him because she was “tired of him touching” her.
The prosecutors argued that the law cannot extend to homicide. The Kenosha County circuit judge agreed in a pretrial conference, saying that immunity only applied to trafficking-related charges such as prostitution and slave labor. The ruling is appealed.
Appeals Court OKs Immunity Defense
The Court of Appeals of Wisconsin filed its opinion in the case in June 2021. In its ruling, the appeals court concluded that the circuit court erred in its interpretation of Wis. Stat. § 939.46(1m). She was granted the right to introduce evidence of the affirmative defense.
The state prosecutors argued that if the affirmative defense was successful, the first-degree intentional homicide charge would be reduced to the second-degree offense. The appeals court disagreed, ruling that the specific section of the law has no limiting language and can operate as a complete defense if shown the actions were a direct result of trafficking.
The state appealed the decision to the Wisconsin Supreme Court.
State High Court Affirms Appeals Court
Like the appeals court, the Supreme Court found that the scope of immunity for trafficking victims is ambiguous, but does not include any limiting language, and therefore applies to homicide.
In a 4-3 decision, the judge writing for the majority said, “The defendant must produce some evidence on which a reasonable jury could find that the defense applies. Thus, our interpretation does not create the kind of blanket immunity for victims of human trafficking that the State fears.”
No trial date has been scheduled as of this writing.
Definitions of Human Trafficking
There are state and federal laws that pertain to human trafficking. The elements of Wisconsin’s sex trafficking laws involve the full process of trafficking from the initial recruitment of the victim to the exploitation of the victim for the purpose of a commercial sex act.
Wis. Stat. § 940.302 (1)(a) defines a commercial sex act as any of the following:
- Sexual contact
- Sexually explicit performance
- Sexual intercourse
- Any other conduct for the purpose of sexual humiliation, degradation, arousal, or gratification for which anything of value is given to, promised, or received, directly or indirectly, by any person
Criminal Defense for Sex Trafficking
Anyone accused of sex trafficking or facing charges despite being a victim of trafficking needs experienced criminal defense like the Law Offices of Christopher J. Cherella.
Attorney Cherella provides personalized, strategic, and aggressive defense to his clients. Learn more in a free consultation. Contact us online or call (414) 882-8382 to schedule.