MADISON, Wi (WSAU) — In a case watched closely by victim’s advocates, the Wisconsin Supreme Court ruled 4-3 that a sex trafficking victim should be able to use that status as a defense for the murder of her abuser.
Lawyers for Chrystul Kizer wanted to use the defense in 2018 when Kizer was charged with the murder of Randall Volar of Kenosha. The lawyers say that Kizer snapped after years of abuse from Volar.
A trial judge did not allow the defense but a Court of Appeals said it should be allowed. The state appealed to the Supreme Court.
Rebecca Bradley joined the more liberal wing of the court to overturn the trial judges ruling. Rebecca Dallet writing ” that the defendant must put forth some evidence to support the application of the defense before a jury can consider it.”
A Wisconsin law passed in 2008 is supposed to protect victims from being prosecuted “for any offense committed as a direct result” of being trafficked. The trial judge had determined that Kizer acts, which included Volar’s murder, arson of his home and the theft of his car, were not a direct result of being trafficked.
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