Prop 313 sends child sex traffickers to prison for life; what happens to those in the ring?
PHOENIX (AZFamily) — Voters approved several ballot propositions, including Prop 313, which will send convicted child sex traffickers to prison for life. This increases the mandatory sentence dramatically.
Voters support it, but legal experts say it’ll be important to make sure victims caught in a dangerous web aren’t also sent to prison for life.
It’s not just brazen killers who will spend life in prison in Arizona; now, it’s child sex traffickers, too.
“I think people looked at it and thought this was a good idea, and in theory, yes, it is a good idea,” said Jay Rademacher, a former Maricopa County prosecutor turned defense attorney.
Currently, in Arizona, those found guilty of child sex trafficking of victims under 15 face a minimum sentence of seven years.
This prop now makes a conviction not only a life sentence but carries the penalty of no possibility of parole.
Rademacher fears this could influence a sex ring leader to permanently silence victims to prevent them from ratting out the crimes.
“What incentive now does a pimp or John have for keeping their child alive?” said Rademacher.
He said this kind of sentence is great for your highest-level sex trafficking ring leader, but where it becomes limiting is when victims, turned young adults in the ring, are forced to recruit other children, a helpless cycle for those trapped on the inside.
Should they go to prison for life?
“There are a lot of situations where it can be applied to individuals who may not be deserving for such a harsh penalty, especially when that penalty is the same penalty you could receive for actually killing someone,” said Rademacher.
“First degree murder?” asked true crime correspondent Briana Whitney.
“First degree murder; felony murder,” Rademacher responded.
But former undercover Mesa police detective Matt Browning spent decades infiltrating human sex trafficking rings and said investigators and prosecutors work together to nab the person at the top and protect those helping them get there.
“The 21-year-old is not going to be sentenced for life in prison when she was forced, coerced, to get her sister in because of the threats made against her. They’ll take that 21-year-old and use her to help go after the bigger fish,” said Browning.
Browning said that this often ends in a plea deal, which avoids trial altogether or, in some cases, drops charges.
“The main guys, the main traffickers? Yeah, you’re done. Life in prison. The people you’ve destroyed and hurt along the way are going to be used to go against you,” he said.
Browning said in the years he spent investigating this kind of child sex trafficking in religious cults and drug rings he said the predators at the top calling the shots are hardly ever able to rehabilitate a safer situation for all if they’re behind bars for good.
“They will not live a normal life after hurting, abusing, molesting, raping an underage girl or boy,” said Browning.
Rademacher said this stiffer sentence won’t change anything else about these cases—the burden of proof on prosecutors remains the same, and discovery and litigation remain the same.
The only difference is that if convicted, the judge has no discretion over a sentence; it’s straight to prison for life.
For perspective, that is far more time than anyone convicted of second-degree murder.
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