Who’s The Victim? The Cyntoia Brown Case
When Cyntoia Brown was 16 years old, she shot and killed Johnny Mitchell Allen, a man who had hired her as a prostitute in Nashville, TN. She has now served 13 years of a sentence for murder and robbery (1). On the surface, this may seem like an open-and shut-case. Cyntoia never denied killing the man, although she claims she acted in self defense, and she did take firearms and money from Allen. Looking beneath the surface though, we’ll see that the Cyntoia Brown case can teach us important lessons about the treatment of victims of sex trafficking by the legal system.
Cyntoia Brown did not have an easy childhood. Her mother was an alcoholic, and Cyntoia was sexually abused as a child. She may also have suffered from Fetal Alcohol Syndrome. Eventually she became a runaway who fell into the hands of a man known as “Cut-Throat.” He would end up being Cyntoia’s pimp, forcing her into the world of commercial sexual exploitation. It was during this time that she killed Allen (2). Even though she was underaged at the time, she was tried and sentenced as an adult, receiving a life sentence and being ineligible for parole until age 69.
Cyntoia Brown’s Case Goes Viral
Cyntoia’s case was widely reported after celebrities such as Rihanna and Kim Kardashian heard about her plight and decided to support her. On Instagram, Rihanna posted the following:
Imagine at the age of 16 being sex-trafficked by a pimp named “cut-throat.” After days of being repeatedly drugged and raped by different men you were purchased by a 43 year old child predator who took you to his home to use you for sex. You end up finding enough courage to fight back and shoot and kill him. Your (sic) arrested as (sic) result tried and convicted as an adult and sentenced to life in prison. This is the story of Cyntoia Brown. She will be eligible for parole when she is 69 years old. (3).
After all the celebrity attention, the case went viral on social media, and there were multiple petitions for a retrial. After her original trial, there was even a documentary about Cyntoia called Me Facing Life: Cyntoia’s Story. The good news is that, as of May 2018, a retrial has been set with the United States Sixth Circuit Court of Appeals in Ohio. Cyntoia’s attorneys plan to challenge her life sentence as unconstitutional.
Why Cyntoia Brown’s Case Is So Important
The Cyntoia Brown case is important for several reasons. In my last blog post, I listed the important factors that put teens at risk for being targeted by sex traffickers. Cyntoia’s young life is like a case study of an at-risk youth, with at least 5 factors contributing to the likelihood that she would become a trafficking victim:
• Being a runaway or being homeless
• Having a history of physical or sexual abuse
• Involvement of child welfare agencies
• Dysfunctional family history
• Substance abuse by a parent or guardian
So, Cyntoia’s childhood experiences, while not guaranteeing that she would become a victim of commercial sexual exploitation, would certainly put her into the at-risk category.
Another reason Cyntoia’s case is so important is that it highlights the importance of training for law enforcement personnel, district attorneys, and other agents of the legal system who interact with victims of child sexual exploitation. Some jurisdictions still consider victims of Commercial Sexual Exploitation of Children (CSEC) to be “prostitutes.” This distinction makes the child a criminal rather than a victim. While Cyntoia’s case may not be typical, in that she was convicted of murder and robbery instead of prostitution, she was, in spite of being a minor and a victim of rape and abuse, given no leniency. Fortunately, recognition of the issues surrounding trafficked children is becoming more commonplace in the law-enforcement community. According to a recent issue of Police Chief Magazine:
The common denominator of human trafficking victims is their vulnerability, which can be a result of unemployment, an unstable home environment, past history of abuse, a disability, or in many instances, a victim’s dream for a better life. Many youth who are runaways or “throw-aways” and end up on the street become victims to obtain food and shelter and, in many instances, a sense of acceptance and being wanted or needed by someone. There is no U.S. city, county, or state that does not have these conditions or persons with these vulnerabilities. (4)
Cyntoia’s case may change the way an entire state looks at the sentencing of children. The United States Supreme Court in 2012 ruled that a life sentence without parole for a minor was unconstitutional. Unfortunately, Cyntoia is eligible for parole, albeit after 51 years. Her supporters, though, are hoping that the Supreme Court ruling will help their effort to change Tennessee law (5). Cyntoia was also charged as an adult, not a juvenile, once again denying her the protection of the Supreme Court ruling. Advocates claim that safe harbor laws for child trafficking victims would have offered her some protection had she been tried as a juvenile. If convicted as a juvenile, she would have been eligible for release by age 19 (6). Recent efforts to change laws in Tennessee, such as that of Republican State Representative Jeremy Faison’s bill requiring that life sentences for minors be reviewed at least every 15 years, have not been successful, but they have drawn increased attention to the issue (7).
My sincere hope is that Cyntoia Brown’s clemency hearing will be successful. There is no question that Cyntoia shot and killed Johnny Mitchell Allen, or that she robbed him. Her prosecutors maintain that Mitchell was the true victim, and that Cyntoia is guilty of first-degree murder. The jury in her original trial obviously agreed. But, her case should be re-evaluated in light of recent changes in both the law and in our understanding of the Commercial Sexual Exploitation of Children.
Sources:
1. Samantha Raphelson. “Cyntoia Brown Case Highlights How Sex Trafficking Victims Are Prosecuted.” npr.org, 1 December, 2017.
2. “People Explains: The Case Of Cyntoia Brown, Who Murdered A Man As A Teen After Being Forced Into Prostitution.” Subscribe, people.com, 22 November, 2017.
3. A.J. Willingham. “Why Cyntoia Brown, Who Is Spending Life In Prison For Murder, Is All Over Social Media.” cnn.com, 21 November 2017.
4. “Human Trafficking For Law Enforcement 101.” The Police Chief 81 (July 2014): web only.
5. Willingham, cnn.com
6. Raphelson, npr.org
7. Christine Hauser. “Cyntoia Brown, Trafficking Victim Serving Life Sentence For Murder, Will Get Clemency Hearing.” nytimes.com, 3 May, 2018.