A Charlottesville federal judge has joined courts in Texas and Maine in setting a high hurdle for victims of child pornography seeking restitution from defendants convicted of receiving or possessing images of the victims’ abuse. It’s the latest development in the restitution trend, which may be spreading to Virginia state courts.
The award of only $100 by U.S. District Judge Norman K. Moon this month represents a departure from the more liberal approach of most federal courts addressing the novel practice of forcing child pornography “end users” to pay restitution to victims portrayed in the illicit images.
James R. Marsh of New York, Amy’s lawyer in her effort to collect restitution, offered a strongly worded reaction. “I am amazed and disappointed by the extent some of America’s brightest legal minds will go to thwart the will of Congress and the American people by denying a mandatory legal remedy to victims of child pornography,” Marsh wrote in an e-mail. “While convicted pedophiles enjoy the comfort of federal country club prisons paid for by the taxpayers, the child victims of this terrible crime experience a lifetime of pain and suffering with the courthouse door effectively barred to their claims.”
“The legal system needs to start focusing more on the needs of child victims and less on esoteric legal technicalities which allow convicted pedophiles to avoid the damage they cause children and our communities,” Marsh wrote.
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