AZRSOL is the only Arizona non-profit providing support and advocacy for those living on the sexual offense registry, and we see the collateral consequences of Arizona’s fear-based policies every day. That's why we strive to empower our members to live their best lives while working toward changing policies and creating safer communities.
While we are not lobbyists, we often meet with policy makers, elected officials, probation officers, therapists and other stakeholders to provide information and insight into the issues involving those who have committed sexual offenses. All of our volunteers are either directly-impacted or have loved ones who are.
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Prop 313 would require those convicted of sex trafficking of minors to spend life in prison with no chance of ever being released. The measure was inspired by a film with ties to QAnon conspiracy theories.
Current law already allows courts to impose very harsh sentences for sex trafficking. A single conviction under the state's sex trafficking law carries a presumptive 20-year sentence. What's more, prosecutors often bring multiple charges that allow judges to "stack'' sentences to be served consecutively, so that they are essentially life terms.
Prop 313 would allow prosecutors to bring similar charges — with similar punishment — against anyone who pays for sex with a minor. This would apply even for a police decoy, when no sex actually occurs. Police sometimes ask former victims to act as decoys in order to catch the people who trafficked them. Prop 313 would close that avenue, instead wrapping up sex trafficking victims themselves in the proposed law's sweeping mandate for a life term, with no chance of getting out.
Defense lawyer Clarence Darrow once said the criminal justice system “merely institutionalizes revenge,” meting out punishment that does not in and of itself deter crime. While known to occasionally exaggerate to make a point, he was saying that simply applying draconian punishments does not protect society.
Instead, it is important to look for the underlying causes of crime and work to address those. Only then would the community be safer.
It is easy to imagine Darrow strongly opposing Proposition 313, which would automatically establish a life sentence with no possibility of parole for anyone convicted of child sex trafficking — regardless of the individual circumstances of their case.
Measure was inspired by a questionable film
This proposition is an extreme measure based on an emotional, punitive and unscientific response to a serious situation and offers essentially nothing that would work to protect the most vulnerable among us.
The proposition was developed by Republican Rep. Selina Bliss of Prescott. Bliss said the initiative was brought to her by a group that was inspired by the film “Sound of Freedom,” a surprise box office hit in 2023. The film is based on a real-life anti-trafficking activist, but widespread doubt has been raised about its factual claims.
In addition, the film is linked to individuals, including its star Jim Caviezel, with ties to the cult-like group QAnon, which has long espoused conspiracy theories about liberal elites killing children. Bliss noted, for her part, that she had not seen the film and did not plan to.
Tough laws exist for child sex traffickers
It is not as if people currently convicted of child sex trafficking get off easy. Under current law, the presumptive sentence for a first offense is 20 years per count, with each count required to be consecutive to any other.
Those involved in sex trafficking come in all different shapes and sizes, with different backgrounds and motivations. The importance of giving a judge discretion over sentencing is that the punishment can be adjusted to meet the severity of the crime, something beyond the scope of a “one size fits all” approach.
A criticism of this proposition is that a simple mandating of life in prison can bring with it a host of negative consequences with no way to modify them. Democratic Rep. Analise Ortiz of Phoenix, who opposed similar legislation, said the proposition could unintentionally target minors who are themselves victims of sex trafficking.
“This is something that the experts in sex trafficking know it happens that there are victims who are used to coerce other victims into the trade,” Ortiz told a KJZZ reporter. “That is the harsh reality, and we do not want those minors who have been severely traumatized locked up because of this bill.”
Consider the teenagers that financier Jeffrey Epstein and his enablers groomed into recruiting additional teenagers for him. It is certainly valid to ask if they, too, should be sentenced to prison for the rest of their lives.
Getting tougher may not deter the crime
Also, whether the stiff sentences mandated by this proposition would actually deter sex trafficking is debatable. According to the U.S. Justice Department’s National Institute of Justice, increasing the severity of the punishment has been shown to have only limited effectiveness in discouraging crime. Most criminals do not expect to be caught, nor do they keep in mind the sanctions attached to specific offenses when committing them.
In the end, what is needed is a rational understanding of this problem so it can be addressed intelligently. And that calls for scientifically based research, adequate resources for community-wide education and preventive programs, and proven law enforcement activities that can deter such activities.
Because of the variety of serious problems with this proposition, Arizonans for Rational Sex Offense Laws urges voters to demand a better way to prevent sexual harm and vote “no” on Proposition 313. We believe there is a better way to prevent sexual violence while preserving the constitutional rights of all.
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