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 emotional distress — [victims] would have to file a civil claim,” Cassell said. A victim incurring $100,000 in counseling costs as a result of their trauma could, for instance, present that as an enumerated loss.
“Frankly, I think it’s one of the flaws in our restitution structure,” Cassell said. “A victim of child sex assault has suffered an immense trauma, but the current laws take a different approach and only covers what’s considered ‘out of pocket expenses.'”
Restitution payments — or in some cases, damages from separate civil claim against the abuser — are used at the victim’s discretion and are not taxed.