With President Trump again in office and the Justice Department under new leadership, this is a good time to evaluate the vital task of providing restitution for victims of child pornography. This Legal Memorandum explains the unique nature of child pornography and how it impacts victims and highlights ways in which it has not been taken as seriously as it should be. It then examines how the Supreme Court’s misguided interpretation of the existing restitution statute in Paroline v. United States actually made obtaining restitution more complicated and arbitrary. Finally, it explains how the legislative response to Paroline has improved the provision of restitution for victims and suggests additional steps that should be taken to address this scourge more seriously.
Read the full article and download the paper
How much restitution am I expected to pay? I have had reduced earning potential, lost job opportunities and harassment in the community for a crime that happened almost 11 years ago. How much more blood do I need to shed before my debt is considered paid?
Restitution for a 30 yr old pic of an Eastern European 15 yr old that they have to data on. OK………
For my 10 counts of possession in Wisconsin, my total restitution was $10,180. How much more should I pay? And what “victims” get the money? When I was being raped at 6 years old, did the girl take any pictures??? Maybe I am owed restitution???
We should all read this. I didn’t get through it all because it is long and I have to get to work, but it gives a clear picture of how others see this issue – others being the people who would like to see all of us on this forum punished forever which would include handing over calculated lost wages (restitution) and monetary damages for the victim’s pain and suffering. It is important for us to understand how the lifetime victim mentality is nurtured by these people who believe non-contact possession of illegal images is the worst crime that can be perpetuated against a minor.
There is no “unique nature” about cp. It just is.
Once again, the heritage foundation is exposed as just an extremist, right-wing corrosive ideological “think tank” / lobbyist entity that exclusively co-ops fear and panic.
I find it both disturbing and hilarious how their website uses a similar typeface as The Constitution in an attempt to legitimize their crack-pot leanings.
Orin Hatch was one of the architects of SORNA and got that spurious “re-victimization” talking point from the heritage foundation.and it somehow stuck as truth.
Apparently, Heritage is all about getting rid of payouts to racial minorities that suffered discrimination, but the ‘think tank’ is fine with shaking down individuals that viewed a 20-year-old picture of some sex abuse victim living in Eastern Europe. While we’re at it, how about we shake down those who viewed torture photos of victims? That’s one reason why the Paroline case failed the first time, because there’s no limit to where this lunacy ends.
All the more reason to allow for AI generated images, there would be no victims.