Evers signs bill adding mandatory minimums for human trafficking

Wisconsin Gov. Tony Evers announced Tuesday that he has signed 34 bills into law, including a bill requiring judges to sentence offenders to at least 10 years in prison if convicted of a human trafficking crime and 15 years for a child trafficking crime. (Photo by Baylor Spears/Wisconsin Examiner)
Wisconsin Gov. Tony Evers announced Tuesday that he has signed 34 bills into law, including a bill requiring judges to sentence offenders to at least 10 years in prison if convicted of a human trafficking crime and 15 years for a child trafficking crime.

“Crimes of this nature — most especially when it comes to our kids — should be punishable by the full extent of the law,” Evers said in a statement. “With this bill, we are helping ensure that we’re protecting some of our most vulnerable youth and holding predators accountable, most especially when they prey on our kids.”
The bill includes increases to the maximum amounts of prison time a person can receive for human and child trafficking crimes, and it allows more time for prosecution of human trafficking crimes.
Human trafficking involves using force, fraud or coercion for labor, services or a commercial sex act. Trafficking of a child can involve a knowing attempt to recruit a child for commercial sex acts. Wisconsin trafficking law also bans benefiting from trafficking or knowingly receiving compensation from the earnings of debt bondage, a prostitute or a commercial sex act.
Last month, the Wisconsin Examiner reported on lawmakers’ reasons for supporting the bill, such as preventing human traffickers from doing further harm. Rep. Jerry O’Connor (R-Fond Du Lac) cited cases that appeared to have taken place in other states in which people convicted of sex trafficking received between six and eight years in prison.
The Examiner reported on criminal justice advocacy groups and attorneys’ criticisms of the mandatory minimums, including a concern from attorneys that judges would sentence people who are trafficking victims themselves to the mandatory minimum punishment without being able to consider whether the person deserved a lighter sentence because their trafficking crime was influenced by their trafficker. The bill didn’t contain an exception to the mandatory minimum for that type of situation. While Wisconsin law allows a defense in court for people who committed a crime as a “direct result” of trafficking, that didn’t allay critics’ concerns.
The anti-sex trafficking organization Shared Hope International gave Wisconsin law failing grades on multiple categories relevant to survivors of child sex trafficking: “protection from unjust criminalization,” “legal relief” and “survivor-centered supports.” The analysis was based on laws enacted as of July 1.
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