美国国家公共电台 NPR--Sex trafficking victim, accused of murder, waits for court to rule on her defense

Sex trafficking victim, accused of murder, waits for court to rule on her defense¹

Transcript²

The Wisconsin Supreme³ Court will decide whether a state law designed, in part, to protect sex trafficking victims, can be used as a defense for murder.

A MARTINEZ, HOST:

In Wisconsin, that state Supreme Court may soon break new ground when it decides whether a law designed to protect victims of sex trafficking can be used in a murder trial. The centers around Chrystul Kizer. She was 17 years old when she allegedly killed a man whom she says trafficked her. Her team of lawyers wants to use an affirmative defense, which has never been used in a homicide case in the state.

Here's NPR's Cheryl Corley.

CHERYL CORLEY, BYLINE⁵: In 2018, Chrystul Kizer traveled from Milwaukee, Wis. to Kenosha and allegedly shot and killed Randall Volar. Prosecutors⁶ said she then set his house on fire and stole his car. She was 17. He was 34. Authorities say Volar was under investigation⁷ for molesting⁸ and sex trafficking Kizer and other underage girls and videotaping his alleged⁴ assaults on them. Kizer was arrested and charged with intentional⁹ murder, arson¹⁰ and theft. What's at issue now is not only whether Kizer is guilty or innocent of the crimes but whether she can use what's called an affirmative defense in her trial.

DIANE ROSENFELD: An affirmative defense is when you admit to a crime, but you offer a reason that should excuse or lessen¹¹ what the crime actually was.

CORLEY: Diane Rosenfeld heads the Gender¹² Violence Program at Harvard Law School. She's part of a coalition¹³ of advocacy groups keeping a close watch on the case. And they've filed legal documents supporting Kizer.

ROSENFELD: And what we're arguing in Chrystul's case is that there's a statute¹⁴ in Wisconsin that should absolve¹⁵ her of anything because she was a child sex-trafficking victim.

CORLEY: Several states have affirmative defense laws, which grant some immunity¹⁶ to victims of child sex trafficking who commit crimes as a direct result of the trafficking. Wisconsin Attorney Julius Kim says those laws often specify¹⁷ which crimes could be excused.

JULIUS KIM: Like battery or prostitution or robbery or things of that nature - some of them specifically say that homicide is not part of the affirmative defense. But in Wisconsin, the law is ambiguous.

CORLEY: That's prompted a court fight over whether the law can be extended to a victim who kills her trafficker, along with a battle over the meaning of phrases in the Wisconsin law allowing an affirmative defense for, quote, "any offense¹⁸ that's committed as a, quote, 'direct result' of being trafficked."

UNIDENTIFIED COURT OFFICIAL: Hear ye. Hear ye. The Wisconsin Supreme Court has reconvened...

CORLEY: At a hearing before the Wisconsin Supreme Court this month, Kizer's attorney, Katie York, stressed that the clear language of the state law allows her to use it in the effort to clear her client of murder.

KATIE YORK: The legislature chose any offense. This affirmative defense applies to any offense, and that's because that is the language that the legislature chose.

CORLEY: But Assistant Attorney General Timothy Barber argued that Chrystul Kizer did not kill Volar as a direct result of an immediate¹⁹ attack, that instead it was a premeditated murder. He says that's reason enough not to use the affirmative defense law in this case.

TIMOTHY BARBER: If this statute is broad enough as they say, this really seems like if you're being trafficked, you can kill your trafficker and not face any liability.

CORLEY: But in the hearing, Supreme Court Justice Rebecca Bradley rejected that assertion, saying it's ultimately up to a jury to decide what happens if the affirmative defense is used.

REBECCA BRADLEY: It's not a Get Out of Jail Free card. She still has to convince a jury that she did this because she was being trafficked and not for financial gain or some other reason.

CORLEY: It's not clear when the Wisconsin justices will issue their ruling, but their decision could help determine the extent of immunity for sex trafficking victims across the country. Cheryl Corley, NPR News.

(SOUNDBITE OF FEDERICO ALBANESE'S "THE ROOM")

1 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

5 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

6 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

7 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

8 molesting   

v.骚扰( molest的现在分词 )；干扰；调戏；猥亵

参考例句：

• He was accused of sexually molesting a female colleague. 他被指控对一位女同事进行性骚扰。 来自辞典例句
• He was charged with molesting a woman. 他被指控调戏妇女。 来自辞典例句

9 intentional   

adj.故意的，有意（识）的

参考例句：

• Let me assure you that it was not intentional.我向你保证那不是故意的。
• His insult was intentional.他的侮辱是有意的。

10 arson   

n.纵火，放火

参考例句：

• He was serving a ten spot for arson.他因纵火罪在服十年徒刑。
• He was arraigned on a charge of arson.他因被指控犯纵火罪而被传讯。

11 lessen   

vt.减少，减轻；缩小

参考例句：

• Regular exercise can help to lessen the pain.经常运动有助于减轻痛感。
• They've made great effort to lessen the noise of planes.他们尽力减小飞机的噪音。

12 gender   

n.（生理上的）性，（名词、代词等的）性

参考例句：

• French differs from English in having gender for all nouns.法语不同于英语，所有的名词都有性。
• Women are sometimes denied opportunities solely because of their gender.妇女有时仅仅因为性别而无法获得种种机会。

13 coalition   

n.结合体，同盟，结合，联合

参考例句：

• The several parties formed a coalition.这几个政党组成了政治联盟。
• Coalition forces take great care to avoid civilian casualties.联盟军队竭尽全力避免造成平民伤亡。

14 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

15 absolve   

v.赦免，解除（责任等）

参考例句：

• I absolve you,on the ground of invincible ignorance.鉴于你不可救药的无知，我原谅你。
• They agree to absolve you from your obligation.他们同意免除你的责任。

16 immunity   

n.优惠；免除；豁免，豁免权

参考例句：

• The law gives public schools immunity from taxation.法律免除公立学校的纳税义务。
• He claims diplomatic immunity to avoid being arrested.他要求外交豁免以便避免被捕。

17 specify   

vt.指定，详细说明

参考例句：

• We should specify a time and a place for the meeting.我们应指定会议的时间和地点。
• Please specify what you will do.请你详述一下你将做什么。

18 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

19 immediate   

adj.立即的；直接的，最接近的；紧靠的

参考例句：

• His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
• We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。