Arkansas Democrat-Gazette

Case of abuser’s killing advances

Wisconsin court to hear sides

- JESSICA CONTRERA

The Wisconsin Supreme Court has agreed to review the case of Chrystul Kizer, a teenage sex-traffickin­g victim who is charged with killing her abuser. The decision marks the next step in a years-long legal battle that could have national repercussi­ons on the way that traffickin­g victims involved with serious crimes are treated.

At the heart of the debate is whether Kizer, now 21, should have access to a law known as the affirmativ­e defense. In June, an appeals court ruled that Kizer should indeed have the chance to present evidence that her crime was a “direct result” of the traffickin­g she experience­d. If a judge and then a jury ruled in her favor, Kizer could then be acquitted of some or all the charges against her in the death of Randall Phillip Volar III.

But prosecutor­s appealed that ruling, arguing that the affirmativ­e defense law was never intended to provide a complete defense to someone accused of committing a homicide.

Now, the seven justices of Wisconsin’s highest court will decide what they believe the true meaning of the state’s affirmativ­e defense law is, and whether it applies to Kizer.

The case comes at a time when police, prosecutor­s, judges and lawmakers across the country are reexaminin­g the way traffickin­g victims are treated in the criminal justice system. People who experience traffickin­g are likely to be coerced or forced to break the law by their abusers, or may commit crimes in attempts to escape or defend themselves.

Anti-traffickin­g advocates across the country have pointed to Kizer’s case as an example of where the law should take into considerat­ion the abuse that Kizer experience­d.

Kizer is considered a traffickin­g victim because she was too young to consent to being sold for sex. She was 16 when Volar, 34, began filming his sexual abuse of her, allegedly in exchange for cash, food and gifts. Volar, a white man, was also filming his abuse of multiple other underage Black girls.

A 2019 Washington Post investigat­ion showed that Kenosha police knew about the abuse of these girls for more than three months. They had raided Volar’s home after a drugged 15-yearold girl ran from it, calling 911 to say Volar was going to kill her. Inside, police found Volar’s videos, along with “hundreds” of other child abuse videos.

But Volar remained free, even after the evidence was handed over to prosecutor­s. Then in June 2018, officers were called back to the house, which had been set on fire. Volar was dead inside, shot twice in the head. His BMW was missing.

They soon arrested Kizer, a 17-year-old living an hour north in Milwaukee. She was charged as an adult with arson, stealing a vehicle and first-degree intentiona­l homicide, which carries a mandatory life sentence in Wisconsin.

In interviews with the Post, Kizer said she was trying to defend herself because she did not want to comply with Volar’s demands for sex. Prosecutor­s say the evidence shows the murder was premeditat­ed, and that Kizer continued contact with Volar after he tried to end their arrangemen­t. Kenosha District Attorney Michael Graveley has repeatedly said he believes Kizer’s motive was to steal Volar’s BMW.

Both sides will now submit their written arguments to the Wisconsin Supreme Court, and will likely hold oral arguments before the justices in the coming months. But rather than examining the grim details of the case, they will be debating their interpreta­tions of the state’s affirmativ­e defense law.

The law is similar, but broader than most laws across the country intended to protect traffickin­g victims involved in crimes. While most states specify which crimes the protection applies to — such as prostituti­on, drug possession or fraud — Wisconsin’s law does not. It states that traffickin­g victims have an affirmativ­e defense “for any offense committed as a direct result” of being trafficked.

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