Restitution


Senate Passes AVAA by Unanimous Consent

After several sincere but ultimately failed attempts to pass legislation to simplify and streamline child pornography victim restitution in the federal courts, the Senate has once again demonstrated its commitment to children by ratifying the AVAA late last night by unanimous consent. The United States Senate came together in a bi-partisan coalition of 27 cosponsors, 12 Democrats and 15 Republicans, to do the right thing far from the spotlight, rhetoric, or Twitter feeds.

The real challenge remains the House of Representatives which has steadfastly blocked reform for the past four years.

Now is the time for advocates, victims, and their supporters, to encourage the House to quickly consider and pass Senate Bill 2152. Child pornography restitution reform is long overdue. Let's make 2018 the year when victims of childhood sexual abuse and online exploitation get the help and support they need. The Senate's right, left, and everyone in between has spoken decisively. Now it's up to the House to join them.

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Hatch and Corwin Editorial: A Lifeline for Victims of Child Pornography

Child pornography leaves in its wake a trail of tragedy and shattered life. While public policy may never eradicate this evil altogether, it can at least alleviate the suffering of its victims. That’s exactly what Senator Hatch has sought to do with a groundbreaking new proposal that will provide justice for victims of child pornography.In an effort to update our laws for the digital age, Senator Hatch has introduced the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, named after the victims of some of the most widely circulated child pornography series ...

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Former Scout leader in Uxbridge, teacher’s aide in Northbridge sentenced to 12 years for child porn

A former Uxbridge Cub Scout leader and Northbridge High School instructional aide was sentenced to 12 years in federal prison after pleading guilty to distribution of child pornography.Mr. Andolina was ordered to pay $11,000 restitution. The money goes to victims of child pornography shared online by defendants in such cases. He must pay $3,000 to the Marsh Law Firm in San Francisco for the “Utah Victims Clinic.”

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Broward lawyer owes child pornography victims $142,600, judge rules in growing national trend

When a Broward lawyer was convicted of possessing more than 1,000 child pornography photos and videos, which he viewed at home and at his law firm, he was sentenced to 17 ½ years in federal prison.But earlier this month, in a growing trend, a federal judge in Fort Lauderdale also ordered David Rothenberg to pay a total of $142,600 in restitution to nine of the children who appeared in the disturbing digital images. Much of the material involved torture and extreme violence.…Hepburn and James Marsh, a New York attorney who also represents child pornogr...

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Breaking the silence, easing the anguish

She met James Marsh, a New York lawyer working on the same issue. Soon, the two were seeing clients individually, but collaborating on finding a way to quantify the pain survivors felt.To say that was easier said than done is to understate the obvious. If someone steals a television, an offender might be ordered to pay the victim the cost of replacing it. But what should be the compensation for victims of child porn, whose injuries are complex and life-changing and linger long after the crime itself? "It was a question of inventing the wheel," Hepburn says, ...

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James R. Marsh Chosen for International Children’s Rights Conference

Children’s and Young People's Rights in the Digital AgeConcerns that children’s rights are being newly infringed rather than enhanced in the digital age are often raised by researchers, child rights’ advocates, and internet governance experts. Children’s needs and experiences in the digital age are often neglected in high-level debates about global internet provision and governance and children’s rights are treated as a minority interest and seen as demanding exceptional treatment from adult society. Further, current debates frequently emphasise the risks ...

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Jared Fogle’s Victims To Benefit From Groundbreaking Plea Deal

Shortchanged victims not uncommon Fogle's estimated net worth of $15 million means his victims are likely to receive the full amount of restitution ordered. According to attorney and former U.S. federal judge Paul Cassell, that's not often the case for victims of sex crimes. Cassell told HuffPost not only do many abusers lack the wealth to make the restitution payment, victims are only eligible for it if they can enumerate specific loses -- like property, income or employment -- as a result of the abuse. "The current laws in this country do not currently cover ...

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Paroline v. United States

This case presents the Supreme Court with an opportunity to settle a circuit split over the interpretation of § 2259, a federal statute that addresses restitution for child-abuse victims. Paroline argues that § 2259 requires that a victim’s damages be proximately caused by the defendant’s conduct because any other result would turn restitution proceedings into procedural nightmares. Amy argues that § 2259 does not require proximate causation for a victim to be entitled to full damages; otherwise, the victims of child abuse would bear the burden of collecting tiny ...

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Child porn restitution bill passes Senate, sets minimum damages for victims

A bill named for two women whose childhood images were turned into heinous pornography was handily passed in the Senate on Wednesday.The Amy and Vicky Child Pornography Victim Restitution Improvement Act was approved by a 98-0 vote.The measure gives hope to victims that they will finally be able to win major compensation from any single person who illegally viewed, made or distributed their images.Victims of child pornography and other sexual exploitation “ought to have access to full restitution from any single perpetrator for their losses,” said Senate ...

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Senate passes bill to help child porn victims recover damages

The bill is in response to a 2014 Supreme Court case that essentially ruled in favor of a man convicted for viewing child pornography. The court decided that even though the man had clearly harmed the victim, he was only a small part of the overall harm suffered and couldn’t be responsible for paying the victim's full damages.That decision put the burden on victims to seek out each individual offender in order to receive full damages for their harm.Hatch’s bill would ensure that courts take a holistic view of a victim’s losses, including medical services, ...

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