Federal prosecutors and a New York lawyer [James R. Marsh] are persuading courts to order anyone caught with illicit images to pay financial restitution to child victims.
Marsh says he is not seeking restitution for the original crime of sexual assault of a child. His claims on Amy’s behalf are based on the idea that those who possess images of his client’s abuse are guilty of a current violation of her privacy rights.
“This is an ongoing crime, an ongoing harm, that will never end,” he says. “There is nothing that she can do, or I can do, or the US attorney can do, or anyone in the world can do to stop this crime.”
Marsh adds: “All she wants is for people to stop looking at her and exploiting her over and over again.”
Such an expansive view of restitution liability may introduce a strong deterrent to the flourishing exchange of child porn on the Internet. And it can help empower child victims, Marsh says.