Human sex trafficking is a business model that operates in nearly every
community. Human sex trafficking victims endure long-term adverse effects
because of the coercive and manipulative victimization from their trafficking,
one effect being a criminal record. However, even though the exploitation
suffered is consistent, the protections provided by jurisdictions differ
substantially.
The Wisconsin Legislature paved the way for an effective, complete
affirmative defense available to any victim who can show their criminal
behavior is a direct result of their sex trafficking. Therefore, no offense is
off the table, including homicide. The Wisconsin Supreme Court confirmed
the Legislature’s intent with its statutory interpretation, both that “direct
result” is a logical connection between the charged crime and sex trafficking
and concluding that no crime is off limits.
Victims outside of Wisconsin do not have such an ability. Instead,
victims in other jurisdictions may be limited to relief only from prostitution
offenses or nonviolent misdemeanors. Other jurisdictions focus solely on
whether the victim was indeed a victim rather than the causal relationship.
This Comment argues that Wisconsin’s approach is balanced, effective,
and carefully crafted for human sex trafficking victims and therefore the best
choice. Wisconsin’s approach to a logical causation requirement, regardless
of the crime, is ideal for a human-trafficking affirmative defense. Finally,
this Comment identifies pitfalls in other states’ approaches and explains why
those states should take action to follow Wisconsin’s approach.
