| Abstrakt: |
Sex trafficking is a national issue. The U.S. Department of State estimates there are 600,000 to 800,000 victims of sex trafficking in the United States each year. Victims are physically, emotionally, or sexually abused by their trafficker and experience indescribable trauma. This trauma has lasting biological and psychological consequences and often leads to criminal behavior. Because of the trauma and abuse, victims cannot be held morally culpable for the crimes they commit due to their victimization. However, most states punish rather than rehabilitate victims. One way to protect victims is through affirmative defense laws, yet forty-two states have improper affirmative defense laws. This Article proposes that those states adopt a unique affirmative defense for victims who commit a crime as a result of their sex trafficking victimization. For brevity, one of the forty-two states, Arizona, is used as a case study state to illustrate the importance of such a defense. The defense is not only victim-centered but also trauma-informed. It considers the needs and wants of the victim during the criminal justice process. It also recognizes that a victim's trauma can lead to criminal behavior, thus negating moral culpability. Finally, it is in line with feminist legal reasoning. The defense allows victims to present their story to the court, reclaim their autonomy, and integrates perspectives other than those in the dominant culture. [ABSTRACT FROM AUTHOR] |
