WASHINGTON – Four years in the making, a bill to help victims of child pornography has cleared the U.S. Senate without opposition and now heads to the House.
Under the legislation, a single person who possessed or distributed a pornographic image could be held responsible for full restitution to the victim even if the material was viewed by thousands. The bill also would require the appointment of a guardian to act on behalf of the victim in court and allows the victim access to the images.
It’s now called the Amy, Vicky, and Child Pornography Victim Assistance Act, but it began as the Justice For Amy Act, so named for a Pennsylvania woman who was abused by her uncle when she was 8 and 9 years old. The uncle recorded the abuse and posted it online, where it has been downloaded thousands of times, causing damages her lawyers say amount to more than $3.4 million in lost wages and psychotherapy.
U.S. Sen. Pat Toomey, R-Pa., introduced the bill in 2014 just after the U.S. Supreme Court rejected Amy’s attempt to collect the full $3.4 million from Doyle Paroline of Texas, one of hundreds who had been convicted of possessing her image. The court said federal restitution laws were unclear and that $3.4 million was disproportionate to the amount of harm Paroline himself caused.
Mr. Toomey wants to clarify those laws so that victims like Amy don’t have to endure an endless string of lawsuits to collect piecemeal restitution.
Under his bill, all defendants who abuse a child, produce child pornography, or traffic in child pornography can be held jointly and severally liable. That means that any one defendant can be held liable for full restitution and could then file suit against the other offenders for their shares.
“Sexual abuse and exploitation of children are especially heinous crimes that can affect victims for their entire lives. I hope that the House will soon pass this important legislation so that victims can finally receive the restitution they deserve,” Mr. Toomey said.
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First Published: January 27, 2018, 3:32 p.m.