Attorneys and Advocates Warn Wisconsin’s Proposed Mandatory Minimums for Human Trafficking Could Punish Victims

MADISON, WISCONSIN — A proposed Wisconsin bill that would require mandatory minimum prison sentences for people convicted of human or child trafficking is advancing through the state legislature — but attorneys and victim advocates warn it could have unintended and harmful consequences for trafficking survivors themselves.

The legislation would require judges to sentence anyone convicted of human trafficking to at least 10 years in prison, and 15 years for child trafficking. It also increases the maximum sentence and expands the statute of limitations for prosecution from six to ten years.

Republican sponsors Sen. Van Wanggaard (R-Racine) and Rep. Jerry O’Connor (R-Fond du Lac) argue the bill will ensure stronger punishment and deterrence for traffickers. O’Connor said the law would prevent what he described as “soft-on-trafficking” sentencing policies seen in other states.

Critics Say Bill Could Criminalize Victims Forced to Participate

While the bill has bipartisan support in the Wisconsin Assembly, critics including defense attorneys and survivor advocates say it could punish victims coerced into trafficking others.

Erika Petty, executive director of the LOTUS Legal Clinic in Milwaukee — which represents survivors of human trafficking — warned that many victims are forced by traffickers to post ads, recruit others, or handle money, and could face the same mandatory sentence as their abusers.

“Victims themselves become vulnerable to criminal prosecution for human trafficking,” Petty said in a statement to lawmakers.

LOTUS proposed a “safety valve” amendment that would give judges discretion to issue lighter sentences if defendants can prove their involvement was the direct result of being trafficked. That proposal, however, was not adopted.

Attorneys Argue Mandatory Minimums Remove Judicial Discretion

Katie York, Assistant State Public Defender, and Sarah Schmeiser, president of the Wisconsin Association of Criminal Defense Lawyers, said the bill strips judges of discretion to evaluate individual cases.

York said that even with an existing affirmative defense — which allows a victim to argue they committed a crime as a result of being trafficked — the process remains “largely untested” in Wisconsin courts.

“A mandatory minimum takes away the opportunity for judges to look at the full picture,” York said. “It limits a judge’s ability to consider how a person was drawn into trafficking in the first place.”

Schmeiser added that prosecutors could use the threat of long mandatory sentences to pressure plea deals, a tactic that may further intimidate victims into silence.

Lawmakers Divided on Consultation and Process

During legislative hearings, Democratic lawmakers questioned whether bill sponsors had adequately consulted survivor advocacy groups before introducing the proposal.

Sen. LaTonya Johnson (D-Milwaukee) said she was concerned lawmakers only sought input from law enforcement, not the people directly working with trafficking victims.

Rep. Robert Wittke (R-Caledonia) admitted the bill largely originated from discussions with Racine County Investigator Luke Johnson, who serves on an anti-trafficking task force.

The bill has the backing of the Wisconsin Sheriffs and Deputy Sheriffs Association and the nonprofit United Migrant Opportunity Services (UMOS), which operates the state’s Regional Anti-Human Trafficking Program.

Advocates Call for Prevention, Not Just Punishment

Opponents such as Ex-Incarcerated People Organizing (EXPO) argue that Wisconsin’s resources would be better spent on prevention, survivor services, and housing support, rather than blanket sentencing rules.

“Mandatory minimums have never been proven to reduce crime,” EXPO said in a written statement. “They create more harm by trapping survivors in the criminal justice system instead of helping them rebuild.”

According to state court data, from 2018 to 2023, Wisconsin recorded 14 convictions for human trafficking and 32 for child trafficking. The National Human Trafficking Hotline has identified over 1,100 cases and 2,200 victims in the state since 2007 — though experts warn the real number is far higher.

As the bill moves through the Wisconsin Senate, advocates are urging lawmakers to include exceptions for survivor defendants and ensure future anti-trafficking policy prioritizes rehabilitation and justice for victims — not punishment.

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