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A4 U.S. NEWS
Thursday 7 July 2022
Wisconsin court: Sex trafficking can be

defense for homicide

ate an unprecedented ex-
pansion of the self-defense
doctrine, eliminating any
questions about whether
killing someone was rea-
sonable or necessary.
The court found that the
extent of trafficking victims’
immunity is ambiguous but
doesn’t include any limiting As the Electra Fire approaches, Sutter Creek Police Off.
McKeon tells an elderly resident to wait for him to jump
language and therefore start her car while evacuating residents in the Pine Acres
applies to homicide. If Kizer community of Amador County, Calif., on Tuesday, July 5,
can show a connection 2022.
between her actions and Associated Press
being trafficked, prosecu- New evacuations for
tors will have to prove be-
Chrystul Kizer, right, and her attorney Larisa Benitez-Morgan sit yond a reasonable doubt
together in the Kenosha County Courthouse on Feb. 6, 2020. that the defense doesn’t communities near
Associated Press
apply, the court said. California forest fire
By TODD RICHMOND she was going to shoot Vo- “The defendant must pro-
Associated Press lar because she was tired duce some evidence on
MADISON, Wis. (AP) — A of him touching her. which a reasonable jury JACKSON, Calif. (AP) — were later safely evacu-
woman accused of killing a She traveled from Milwau- could find that the defense Evacuation orders were ated.
man can argue at trial that kee to Volar’s home in applies,” Justice Rebecca expanded Tuesday for re- “This was the closest I’ve
she was justified because Kenosha, shot him in the Dallet, a liberal, wrote for mote California commu- ever been to a fire. It
he was sexually trafficking head, burned down his the majority. “Thus our inter- nities near a wildfire that was literally within feet of
her, Wisconsin’s Supreme house and stole his BMW, pretation does not create may have been sparked us,” said Milka Mikula of
Court ruled Wednesday in according to court docu- the kind of blanket immuni- by fireworks or a barbe- Valley Springs, who had
a decision that could help ments. Kizer was 17 at the ty for victims of human traf- cue on the Fourth of July gone to the river with her
define the limits of legal im- time, old enough to be ficking that the State fears.” in a mountainous region husband, her 5-year-old
munity for trafficking victims considered an adult in Wisconsin Attorney Gen- that’s a top tourism desti- daughter and her 1-year-
nationwide. Wisconsin’s criminal justice eral Josh Kaul said the de- nation. old son.
The justices ruled 4-3 that system. She faces multiple cision “brings needed clar- The Electra Fire in Sierra They had to wait about six
a 2008 state law that ab- charges, including arson ity regarding the scope of Nevada Gold Country hours before they could
solves trafficking victims and first-degree intentional the affirmative defense for broke out Monday after- finally start for home, she
of criminal liability for any homicide, which carries a survivors of the vile crime of noon and tripled in size told KCRA-TV.
offenses committed as a mandatory life sentence. human trafficking.” to about 6.1 square miles “I just wanted to get
direct result of being traf- Nearly 40 states have The Wisconsin Supreme (15.8 square kilometers). It home. I just wanted to
ficked extends to first-de- passed laws that give traf- Court decision isn’t binding was 5% contained Tues- get out of there with my
gree intentional homicide. ficking victims at least some on other states but could day night. babies. I was shaking re-
However, they said Chrystul level of criminal immunity, inform attorney strategies The fire was making short, ally, really bad for quite
Kizer must first provide evi- according to Legal Action in similar cases elsewhere in uphill runs, fire officials some time,” Mikula said.
dence for a trial judge that of Wisconsin, which pro- the country, legal experts said. Redman said the cause
her decision to kill Randall vides legal help for low-in- say. Anti-violence groups “The rate of spread isn’t of the fire was not known,
Volar was connected to come people. lined up to support Kizer, what it was like yester- but that it started in the
being trafficked before she Kizer’s attorneys had filing briefs saying that traf- day, but it is still spread- Vox Beach area of the
can invoke immunity. planned to invoke Wiscon- ficking victims often feel so ing,” said Amador Coun- North Fork Mokelumne
“Chrystul Kizer deserves a sin’s immunity law at her trapped they believe they ty Sheriff Gary Redman. River. He said that could
chance to present her de- trial, but Kenosha County have to take matters into He said firefighters were suggest fireworks or a
fense and today’s decision Circuit Judge David Wilk their own hands. working to keep flames barbecue as a potential
will allow her to do that,” refused to allow it. He ruled Ian Henderson, policy and confined to unpopulated cause.
Kizer’s attorney, Katie York, that immunity extends systems director for the Wis- canyon areas. More than 100 fire en-
said. “While the legal pro- only to trafficking-related consin Coalition Against Mandatory evacua- gines, 1,200 firefighters
cess on this matter is far charges such as restraining Sexual Assault, one of the tion orders and warnings and 14 helicopters were
from over, we, along with someone, extortion, pros- groups that signed onto the combined affected up sent to the fire, which was
Chrystul and her family, titution or slave labor. An briefs, praised the court’s to 700 residents in Ama- a threat to power infra-
believe the decision today appellate court ruled last decision. He said trafficking dor County and 300 to structure, the California
affirms the legal rights pro- year, however, that Kizer victims often react out of a 400 people in Calaveras Department of Forestry
vided by Wisconsin statute could argue that the law flight-or-fight mentality and County, Redman said. and Fire Protection said.
to victims of sex trafficking shields her from prosecu- the ruling “avoids them be- Evacuation centers were The terrain was described
facing criminal charges.” tion. ing criminalized for defend- set up for people and ani- as steep and rugged.
Kizer, 22, contends she met State attorneys asked the ing themselves.” mals. Cal Fire activated an inci-
Volar on a sex-trafficking high court to reverse that The Associated Press does The fire started at a rec- dent management team
website. She says he sexu- decision, maintaining that not typically identify peo- reation area that was for the fire. The teams
ally assaulted her and sold the immunity statutes can’t ple who say they are sexu- packed with people, “are made up of trained
her to others for sex. Ac- possibly extend to homi- al assault victims, but Kizer forcing 85 to 100 cele- personnel who provide
cording to court docu- cide. Assistant Attorney discussed her case in an brating the holiday at a operational manage-
ments, Kizer put a gun in General Timothy Barber ar- interview from jail with The river to take shelter at a ment and support to
her bookbag in June 2018 gued in March that Kizer’s Washington Post that was Pacific Gas & Electric Co. large-scale, expanding
and told her boyfriend that interpretation would cre- published in 2019.q facility, Redman said. All incidents,” Cal Fire said.q