12 results for month: 05/2014


Child Porn Victim Can Sue Anonymously

A victim of child pornography who filed a civil suit against her perpetrator has received approval from a Camden federal judge to proceed under a pseudonym and to withhold her real name and address from the defendant.The plaintiff must disclose her name and address but may designate that information "Attorney's Eyes Only," U.S. Magistrate Judge Ann Marie Donio ruled Wednesday in Doe v. Oshrin. The plaintiff's concerns that her identity would "be spread among pedophiles and child molesters" who would "conceivably attempt to stalk or otherwise revictimize her" are sufficient to outweigh the public's interest in open judicial proceedings, Donio ...

Child Porn Victim Can Sue Anonymously

A victim of child pornography who filed a civil suit against her perpetrator has received approval from a Camden federal judge to proceed under a pseudonym and to withhold her real name and address from the defendant.The plaintiff must disclose her name and address but may designate that information "Attorney's Eyes Only," U.S. Magistrate Judge Ann Marie Donio ruled Wednesday in Doe v. Oshrin. The plaintiff's concerns that her identity would "be spread among pedophiles and child molesters" who would "conceivably attempt to stalk or otherwise revictimize her" are sufficient to outweigh the public's interest in open judicial proceedings, Donio ...

Should I be hopeful Amy can now recover more restitution after major child porn bust in NYC?

"Just how many prominent, successful men are child porn fiends?". As the title of this post suggests, following the Supreme Court's messy "split-the-difference" approach to child porn restitution in its recent Paroline ruling...I am hoping a silver lining to this dark cloud might be that CP crimes committed too often by persons "well-educated and successful in private and professional lives" might now mean more restitution getting paid to the unfortunate victims of these crimes.

In Response to Recent Suprme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen Law For Child Pornography Victims

"In the Paroline decision, the Supreme Court made it clear that the ball was in Congress' court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime. The Amy and Vicky Act is that solution."

Bipartisan statutory fix after SCOTUS Paroline mess for child porn restitution intoduced in Congress

The measure would rewrite a section of the Violence Against Women Act and make it easier for victims of child pornography to be granted "full restitution" from felons who have made, distributed or viewed images of their sexual abuse online.

In Response to Recent Supreme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen the Law for Child Pornography Victims

"Victims of child pornography suffer a unique kind of harm and deserve a unique restitution process, and the Amy and Vicky Act is that solution," Hatch said. "In the Paroline decision, the Supreme Court made it clear that the ball was in Congress" court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime."

Bill would address Supreme Court ruling on porn victims

James Marsh, a longtime advocate for restitution for child-pornography victims, said the 5-4 April Paroline ruling forces "victims to forever chase defendants and recover next to nothing." The new bill, however, "creates a practical process" that ensures timely restitution for victims and "puts the burden on defendants, where it belongs," he wrote on the Marsh Law Firm's ChildLaw blog

Congress needs to act to allow victims of child sex abuse to recover restitution

The Supreme Court did not dispute her suffering nor her right to receive restitution from viewers who take pleasure in her abuse and create the sordid market demand for child pornography. But the court set aside the $3.4 million awarded her. Now Congress needs to fix the law.

Former U-Va. student seeks to block new U.S. law on campuses handling of sexual assaults

A former University of Virginia student hopes to prevent a new federal law on campus sexual assault from taking effect Friday, claiming it would undermine the investigation into her allegations that a classmate raped her more than two years ago.A lawsuit in federal court in the District argues that the Campus Sexual Violence Elimination (SaVE) Act would allow colleges and universities to place a greater burden of proof on alleged victims, renewing the debate about which standard of evidence colleges must use in disciplinary proceedings in sexual assault cases....James R. Marsh, the student's attorney, said she is not alone. "These are ...

Congress needs to act to allow victims of child sex abuse to recover restitution

The justices are right in thinking that Congress should revisit the issue. Legislation set to be introduced Wednesday by Sens. Charles E. Schumer (D-N.Y.) and Orrin G. Hatch (R-Utah) seems to be a step in the right direction, with its outline of options for full victim recovery when multiple individuals are involved and giving multiple defendants who have harmed the same victim the ability to sue each other to spread the cost of restitution. The court was clear in its opinion that "the victim should someday collect restitution for all her child pornography losses." Congress needs to provide the tools to turn that someday into reality.