The case stems from Congress’ passage of the Sexual Exploitation and Other Abuse of Children Act, which established penalties and restitution for sexual assault, domestic violence and child pornography. The law called for full restitution – but it did not…
Supreme Court limits amount defendant must pay in child porn case
“As Amy has recognized, the Supreme Court’s split-the-difference ruling promises her that she will receive full restitution ‘someday,’” Cassell wrote. “I just wonder how far in the future that someday will be.”
Justices Rule Child Pornography Restitution is Too High
Chief Justice Roberts said the majority’s approach was arbitrary and impossible to square with the words of the 1994 law. “The statute as written allows no recovery,” he said. “We ought to say so, and give Congress a chance to…
Justices Limit Restitution for Child Pornography Victims
Reacting to the decision, Amy’s high court counsel, Paul Cassell of the University of Utah S.J. Quinney College of Law, said, “The majority of the court says Amy will be compensated fully some day. Our concern is that some day…
Supreme Court says child porn victims can claim payment from anyone who has their images
A federal judge ruled that Paroline was not liable for Amy’s restitution because there was no proof he contributed to her abuse, but a federal appeals court judge decided the opposite way and ordered Paroline to pay $3.4 million.
SCOTUS Decision Issued in Paroline v. U.S. Today
Child pornography victims are routinely harmed by thousands of perpetrators many of whom are never identified, let alone prosecuted. It places a significant burden on courts, the government, and victims to try to calculate the relative harms caused by each…