Patrice Smith Case: What to Know
In 1999, Patrice Smith sat in a courtroom, facing a verdict of 25 years in prison for the murder of Bishop Robinson L.A. Sr. From the time she was 15, Smith was sexually abused by Robinson. A year later, while warding off sexual advances from him, he was killed. Though Smith acted in self defense, and suffered severe emotional trauma from her victimization, she was not given any legal reprieve. After 21 years in prison, her case is now being reconsidered.
Sex trafficking is the use of force, fraud, or coercion to obtain a commercial sex act. In Smith’s original trial, few references were made to the sexual relationship between her and Robinson. However, Smith’s lawyer claims that she was rewarded for her sexual conduct in jewelry, food, money, use of a car, and shopping trips. At the time of her sentencing, it was not determined that Smith was a victim of human trafficking.
Since Smith’s verdict in 1999, more researchers have studied the emotional effects of sexual exploitation. Congress passed the Domestic Violence Survivors Justice Act in 2019 that "seeks to mitigate harsh punishments imposed upon eligible defendants whose crimes can be directly linked to a history of domestic violence."
We know that survivors of sex trafficking experience severe emotional trauma from their experiences of abuse. While Smith stated that she was experiencing emotional distress at the time of the murder, the judge decided Smith was not sorry enough to prove her disturbed emotional state. Smith testified that the murder was both accidental and in self-defense. However, the judge concluded that Smith was a danger to society and that she may kill again. Smith was found guilty of murder and robbery.
In light of our recent post about the connection between systemic racism and trafficking, it’s worth noting that Patrice Smith is black. She also reportedly had a history of legal offenses, including Family Court and City Court criminal proceedings and dismissal from both the Buffalo and Cheektowaga school systems. Black girls are both more likely to be disciplined harshly in school and more likely to be abused. According to the Congressional Black Caucus Foundation, there is a strong correlation between a history of abuse and incarceration. The Foundation also found that the majority of sex trafficking victims in prison are black.
Judge DiTullio allowed Smith’s racial background and criminal history to define her. Smith’s case demonstrates that systemic inequality has tangible effects on black girls and women. Systemic factors such as the black-white wealth gap, the abuse-to-prison pipeline, and the adultification of black girls all make black women and girls more vulnerable to traffickers. In Patrice Smith’s case, the system both made her vulnerable to her sex trafficker and later criminalized her for protecting herself against him.
107 organizations petitioned for Smith to be granted a resentencing trial, after having served 21 of her 25 years of prison. Judge DiTullio granted the resentencing and it took place on June 23rd. The outcome of the resentencing has not been released.
About the Author
Emma Beavins is from Franklin, Indiana—a mid-sized town in the heart of central Indiana. Emma is an avid reader, caffeinated-beverage consumer, and a firm believer in the pancakes-are-better-than-waffles debate. Emma enjoys running half marathons and spending quality time with friends, preferably over breakfast. Emma is studying English and Spanish at Butler University in Indianapolis, Indiana where she hopes to be able to use her verbal and written communication skills to advocate for various social justice issues.