Pornography Victims Get Partial Compensation, Supreme Court Says
Source: Bloomberg
By Greg Stohr Apr 23, 2014 12:15 PM ET
People convicted of possessing child pornography must pay victims a share of the economic losses they endured, the U.S. Supreme Court ruled in a decision that drew dissents from both directions.
A five-justice majority said each culprit must pay an amount that comports with the defendants relative role in the harm suffered by the victim. The ruling was a partial victory for Doyle Randall Paroline, who pleaded guilty to possessing as many as 300 pornographic images, including two of a girl identified as Amy in court papers.
The case forced the justices to grapple with how much impact a single possessor of a widely distributed pornographic image has on a victim. Although a 1994 federal law says victims are entitled to compensation, the measure doesnt spell out how judges should calculate the sum.
Defendants should be made liable for the consequences and gravity of their own conduct, not the conduct of others, Justice Anthony Kennedy wrote for the majority.
Read more: http://www.bloomberg.com/news/2014-04-23/pornography-victims-get-partial-compensation-court-says.html
proverbialwisdom
(4,959 posts)Marsh Law Firm's ChildLaw Blog
Commentary, insight and analysis on children's law, policy and current issues.
This entry was posted in Child Pornography, Child Sex Abuse, Child Trafficking and Exploitation, Children's Legal Issues, Crime Victims, Restitution on April 4, 2014 by Marsh Law Firm.
Last night NBCs Law & Order: SVU aired an episode about the Marsh Law Firms effort to obtain compensation for victims of child pornography called Downloaded Child. This clip, Restitution at Last, should sound familiar to anyone who has been following our work. They even mention the Violence Against Women Act and joint and several liability. Pop culture, we have arrived!
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About Marsh Law Firm
Marsh Law Firm is recognized worldwide as a premier law firm representing victims of sex abuse in schools, colleges, churches, foster care, and government and military institutions; online sexual exploitation; sexting; child pornography; child trafficking; sextortion; and revenge porn.We are among the few law firms in the country using innovative federal law approaches to help victims obtain justice nationwide.The intersection of criminal law, federal civil statutory remedies, Title IX, copyright, and criminal restitution makes this a challenging and unique area of the law requiring skilled litigators and creative thinkers. The lawyers at Marsh Law Firm have the experience and skills necessary to help victims rebuild their lives with dignity and respect.
Doyle Randall Paroline vs. Amy Unknown Supreme Court Resources
Supreme Court Decision (April 23, 2014)
proverbialwisdom
(4,959 posts)Disappointment at the Supreme Court Amys Reaction
Posted by James R. Marsh
I am surprised and confused by the Courts decision today. I really dont understand where this leaves me and other victims who now have to live with trying to get restitution probably for the rest of our lives. The Supreme Court said we should keep going back to the district courts over and over again but thats what I have been doing for almost six years now. Its crazy that people keep committing this crime year after year and now victims like me have to keep reliving it year after year. Im not sure how this decision helps anyone to really know if, when, and how restitution will ever be paid to kids and other victims of this endless crime. I see that the Court said I should get full restitution someday, I just wonder when that day will be and how long I and Vicky and other victims will have to wait for justice.
The crime victims reaction to todays Supreme Court decision
BY PAUL CASSELL
April 23 at 11:18 am
neffernin
(275 posts)Leaves a very large opening for interpretation.