The Wisconsin Supreme Court will hear arguments in a case where a former forced sex worker killed her captor in what the defense says was self defense.
In June of 2018, 17 year old Chrystul Kizer shot and killed 34 year old Randall Volar in his home in Kenosha after a year of forced prostitution and molestation.
According to Kizer, Volar attempted to touch her, that is when she pulled a .38 caliber pistol from her purse, shot him in the head, set his house on fire, and stole his BMW.
In what would look like a clear case of criminal acts, Kizer’s defense points to a Wisconsin law passed in 2008 by then Governor Jim Doyle (D) that provides protection for sex trafficked victims from “any offense committed as a direct result” of being trafficked.
Despite the opinion of a Kenosha County judge who claims protection for homicide in this case, anti-violence groups have flocked to Kizer’s defense.
In legal briefs filed with the court, these groups claim that many trafficked individuals feel trapped and must rely on themselves to escape the situation.
Arguments before the Supreme Court will begin on March 1st. The Court is not ruling on the merits of the case, only the viability of Kizer’s claim that she should be immune from prosecution in the case.
Some argue that extending the protections to homicide would set a dangerous precedent.
“If we’re living in a civilized society, it begs the question, are we going to give immunity to people who are sexually abused to kill their abusers?” asks Julius Kim, a defense attorney and former Milwaukee County ADA.
“The implications can be devastating. Attorneys general across the country are going to pay attention on how this plays out.”
Over the last decade, nearly 40 states have passed laws protecting sex trafficked individuals from criminal charges to some extent.
The laws vary greatly, from strictly prostitution related charges to open ended laws like the one in Wisconsin that requires the defendant to show that the crimes were directly linked to being trafficked.
Volar was arrested in February of 2018 under suspicion of sexual assault and child pornography, but he was later released and no charges were filed.
Kizer was charged with first degree intentional homicide, arson, car theft, and illegal possession of a firearm. The homicide count carries a mandatory life sentence.
Kizer spent two years in jail until she was released in June of 2020 after community groups were able to raise her $400,000 bail.
Attorney General Timothy Barber argues that the shooting wasn’t a direct result of trafficking because it was premeditated and Volar was in a chair when he was shot by Kizer.
“Kizer is asking this Court to interpret (the immunity law) in a manner that creates a broader defense based on trafficking status than someone could assert in any other self defense context,” Barber wrote in briefs submitted to the court.
Kate Mogulescu, an associate professor of clinical law at Brooklyn Law School has a differing opinion on the case.
“Somehow when it’s a trafficking victim that’s trying to provide additional information and context to what happened in their case, that shouldn’t be allowed?” Mogulescu asked in a telephone interview. “That doesn’t make sense.”
