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Sunday, December 22, 2024

Child sex abuse victim Kozak on passing of Prop 313: ‘There will be no leniency for those who exploit our most vulnerable'

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Kayleigh Kozak | Wikimedia Commons / Gage Skidmore

Kayleigh Kozak | Wikimedia Commons / Gage Skidmore

Kayleigh Kozak, the driving force behind "Kayleigh's Law," said with the approval of Proposition 313, which will require life in prison without parole for offenders convicted of child sex trafficking, means "there will be no leniency for those who exploit our most vulnerable."

"With the passing of Prop 313, Arizona stands at the forefront of a national movement to protect our children from the horrors of child sex trafficking," Kozak told Grand Canyon Times. "This historic measure sends a powerful message: there will be no leniency for those who exploit our most vulnerable."

"It’s time for us to stand united and ensure that any individual who dares to buy or sell a child for sex faces the certainty of a natural life sentence with no possibility of parole," she said. "I will continue to unapologetically fight for the protection of our children and victims of these heinous crimes. Together, we have and will continue to make it unequivocally clear—our children are NOT for sale!"

Proposition 313 was passed in the Nov. 5 election, with a 62% majority of voters approving the measure by the initial election report. The proposition will strengthen penalties for offenders, moving from the current sentencing guidelines, which allow for significantly shorter prison terms, to life imprisonment for those convicted of child sex trafficking.

The Proposition 313 ballot item reads as below: 

“A "yes" vote supports this ballot measure to require that anyone convicted of child sex trafficking be sentenced to life in prison without the possibility of parole or release.” 

“A "no" vote opposes this ballot measure to require that anyone convicted of child sex trafficking be sentenced to life in prison without the possibility of parole or release.”

Kozak is an outspoken advocate in favor of Proposition 313. 

"At the end of the day, there is no money to be made in protecting children; there is only money to be made in buying and selling them. We must prioritize the safety of our children over the interests of perpetrators,” Kozak told the Grand Canyon Times before the election

Kozak is a proponent for strengthening laws to protect child victims of sex trafficking by pursuing harsher penalties for child sex traffickers. 

"Currently, for a first-time offense, they can receive as little as a 7 to 10-year sentence and only serve 80% of that," Kozak said. “This proposition will require that life imprisonment be the statutory punishment. We can no longer afford leniency when it comes to such heinous crimes.”

Kozak is a mother of five and a political activist. 

According to her website, Kozak, a victim of child sex abuse herself who faced her abuser in court in 2020, learned that existing laws left her vulnerable once her abuser’s probation ended. 

Collaborating with local legislators, Kayleigh successfully drafted and championed "Kayleigh's Law," which provides lifelong protection for survivors of sexual and domestic abuse in Arizona.

"Kayleigh's Law” was signed into law in April 2021, making Arizona the first state to offer such protections.

"I have been very instrumental in successfully passing bipartisan bills regarding sex crimes,” Kozak said. “Whether it be protecting victims or holding perpetrators accountable, my goal is to enhance laws for harsher punishments.” 

Citing alarming statistics, Kozak noted that sex trafficking cases in Arizona increased by over 78% from 2021 to 2022. 

"This is an epidemic," she said. “Arizona is a hub for child sex trafficking, and we must take a strong stand against it. If we can ensure that these perpetrators spend the rest of their lives in prison, they will think twice before committing these crimes.”

The Arizona State University Center for Child Well-Being highlighted that between 2017 and 2020, 291 children in Maricopa County were confirmed victims of child sex trafficking. 

The study, conducted in collaboration with Mercy Care and the Phoenix Police Department, revealed a concerning trend of younger victims. 

From January 2021 to May 2023, another report from Arizona State University identified 309 suspected or confirmed victims of child sex trafficking in Arizona, with an average age of just over 15 years old. 

That study highlights a troubling increase in reported cases, particularly among youth with histories of running away and substance abuse. 

Notably, 92.2% of the victims were female, and over half were youth of color, indicating significant disparities in victimization. 

For the sake of the victims, Kozak remains dedicated to the cause of passing more laws such as Proposition 313. 

"You still matter. That’s what I tell every victim and survivor that I’m fighting for. Justice must be served," she said. 

Kozak pointed out that there is a disparity in public focus. 

"People want capital punishment for sex traffickers, but that's not a reality,” she said. “The most practical approach is to ensure that those who buy or sell children for sex face life imprisonment. The certainty of such a severe penalty will serve as a true deterrent."

Despite the urgency of the issue, Kozak expressed frustration over the lack of attention Proposition 313 garnered. 

"It’s been really interesting working in this category because many people are more interested in headlines than the actual language of bills,” she said. “There's a lot of misinformation about this proposition, including fears that it could sentence children. We need to focus on the real problem: the significant traffickers who are exploiting our children." 

Kozak points out Proposition 313 faced opposition from groups like Arizonans for Rational Sex Offender Laws and the Arizona Coalition to End Sexual and Domestic Violence. 

“They want preventative measures instead of this, which is very interesting to me…I don't understand that,” she said. 

In addition, Kozak said the application of current laws by prosecutors lacks consistency.

"There is no consistency in how child sexual assault cases are prosecuted across counties in Arizona. For instance, Pinal County has stringent criteria, while Maricopa County allows for significant leniency," she explained. This inconsistency can lead to cases being plea-bargained down to lesser charges, undermining the seriousness of the crimes.

She brought up the case of former Buckeye Union High School principal Joseph Kinney, 42, who was not prosecuted for allegations of online child luring. 

Kinney was arrested for communicating on the Whisper app with an undercover FBI officer posing as a 12-year-old girl. 

However, in that case, the Maricopa County Attorney's Office (MCAO) determined there was insufficient evidence for a conviction. In that instance, the MCAO indicated it found no proof that Kinney believed he was interacting with a minor. 

“The undercover stated her age three different times,” Kozak said. “I don't understand where there's a problem. So it's those kind of cases where it's incredibly frustrating because what more can these detectives and these police officers do with cases?”

Following his placement on administrative leave on September 3, the Buckeye school board voted to initiate Kinney’s firing on Sept. 9. 

So while Proposition 313 is a step in the right direction for Kozak, she said prosecutors will have to come along with the measure as well. 

As such, Kozak’s commitment to fighting for child sex abuse and trafficking victims extends beyond the ballot measure to be decided on Nov. 5.

With her eyes set on the future, she plans to expand her advocacy efforts, pushing for a national framework that ensures stringent penalties for child sex trafficking and protection for survivors across the United States.

“My next step is to ensure every state adopts laws for natural life imprisonment for those who buy or sell children for sex, while also working on improving Arizona's sex offender registration system,” she said.

The Proposition 313 referendum item was sponsored by State Sen. Shawnna Bolick (R-4) and co-sponsored and supported by State Sen. Janae Shamp (R-Surprise) and State Rep. Matt Gress (R-4).  

"Arizona’s children need to be better protected from child sex trafficking. I'm voting YES on Prop 313, the Arizona Children Are Not for Sale ballot measure, which sets a penalty of life in prison for buying or selling a child for sex. Arizona should send a clear message to child predators everywhere -- Arizona’s children are NOT for sale -- by voting YES on Prop 313," Gress said in a statement to the Grand Canyon Times. 

"Republican state lawmakers stand united to send a message to those disgusting animals responsible for stealing our children's innocence—Arizona's children are our most valuable resource. We would like everyone to know, our children are not for sale. One Arizona child who is victimized is one too many," Senator Bolick said in a recent press release. 

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