1 result for month: 11/2015

Ninth Circuit Court of Appeals – Child Pornography Restitution Mess “Cries Out for a Congressional Solution”

"While Congress could and should have made determination of the amount to which a victim is entitled a simple matter, it regrettably did not."

With these words, the influential Ninth Circuit Court of Appeals became the most recent and highest court to declare that Congress should fix the law governing restitution for child pornography victims.

The AVA, which passed the Senate by a resounding 98-0, addresses all of the Ninth Circuit's concerns. It specifically sets "the amount to which a victim is entitled" in restitution. It allows victims to recover for their "lifetime losses" caused by child pornography—from grooming to production to distribution and possession. It adopts a modern "aggregate causation standard" instead of the outdated and ill-defined "proximate cause standard" which even the Ninth Circuit acknowledged "hides (or encompasses) interpretive problems of its own."

The House of Representatives Judiciary Committee, led by Chairman Bob Goodlatte [R-VA] and Jim Sensenbrenner [R-WI], inexplicably continues to place a hold on the AVA.

Victims of child pornography in the Ninth Circuit and beyond deserve a law which works. Congress needs to move decisively and pass the AVA!