It has been 10 years since Pennsylvania enacted its comprehensive anti-trafficking statute. The law is considered “comprehensive” because legislators intended it to accomplish three primary goals: prosecution of human trafficking, prevention of human trafficking, and protection for victims and survivors. Recent national headlines regarding the sentencing of Chrystul Kizer highlight why protection of victims and survivors must be an essential objective of any comprehensive anti-trafficking statute.
In August, Chrystul Kizer was sentenced to 11 years in prison and an additional five years of state supervision after she pleaded guilty in May to one count of reckless homicide in Randall P. Volar's June 2018 death according to Kenosha County Court documents, Kizer was 17 when she killed the 34-year-old Volar in Kenosha.
Kizer’s case is an especially egregious example of how the criminal justice system fails to protect victims and survivors, even child victims. There is no dispute as to whether Kizer was a victim of child sex trafficking. Randy Volar began trafficking Kizer when she was just 16 years old, arranging commercial sexual transactions with men who would pay to sexually assault a minor. In February 2018, Volar was arrested and released pending a summons and complaint for charges of second-degree sexual assault of a child, child enticement, prostitution and use of a computer to facilitate a child sex crime.
On the day Volar was killed in June of 2018, Volar picked Kizer up from her boyfriend’s house and brought her to his apartment. Once there, Volar allegedly tried to pin Kizer down and rape her. Kizer struggled to free herself, and when she did, she allegedly shot Volar. During discovery in Kizer’s case, defense counsel was given evidence that was seized at Volar’s residence, including hundreds of videos containing child sexual abuse material with girls as young as twelve, and about twenty home videos of Volar raping numerous underage girls of color, including Kizer. (Further discussion of this case can be found in our 2020 Annual Report).
The tragic reality that victims turn to violence against their trafficker or abuser is well documented; Chrystul Kizer’s case is just a recent, high-profile case where girls under eighteen years old were recruited and groomed for commercial sex, and subsequently killed their traffickers to escape the abuse. This case is an all-too-real scenario whereby victims of trafficking, in desperation to escape the horrific abuse, see violence as the only way out.
How is Pennsylvania Addressing This Issue?
Several bills have been introduced during the 2023-2024 legislative session that, if passed, would provide further protection of sex trafficking victims. These include:
House Bill 1843, which proposes sentencing considerations for child victim offenders. Under the bill, upon finding that the child victim offender’s criminal conduct was against their abuser courts have discretion to depart from mandatory minimum sentences or sentencing enhancements, impose a determination of guilt without further penalty, transfer the child’s case to juvenile hearing, or reduce or waive imposition of fines, court costs, or restitution.
Senate Bill 890, and a companion bill, House Bill 2227, which both propose to establish an expanded affirmative defense for any individual who committed a crime as a direct result of their human trafficking victimization. Currently, an affirmative defense in Pennsylvania may only be brought if an individual is facing prostitution charges as a direct result of human trafficking. Senate Bill 890/House Bill 2227 propose to replace the existing “defense” with an expanded protection for all crimes committed as a direct result of trafficking. This includes crimes that result in the death of their abuser.
Senate Bill 1299 proposes to enhance Pennsylvania’s Safe Harbor laws for sexually exploited children. Under current law, prostituted children are victims of sex trafficking and are provided “Safe Harbor” from arrest and prosecution for prostitution and related offenses. Instead, these children should be recognized as victims and assisted with obtaining the necessary support services to help them recover from their exploitation. SB 1299 proposes expansion of “Safe Harbor” to cover all criminal offenses related to the sexual exploitation of children, not just prostitution and related offenses. This broader scope will ensure that all victims receive the assistance and protection they need, regardless of the circumstances of their exploitation.
Photo by Joshua Hoehne on Unsplash
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