49 results for author: Child Victims
The New Amy, Vicky, and Andy Act: A Positive Step Towards Full Restitution for Child Pornography Victims
In this law review article which was recently published in the Federal Sentencing Reporter, Professor Paul G. Cassell and attorney James R. Marsh describe the impact of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 ("AVAA") which was signed into law on December 7, 2018.
The authors describe the need for restitution for child pornography victims using the story of the lead victim in the Act (“Amy”) as an illustration of why restitution is needed. They then review the problematic legal regime that resulted from the Supreme Court’s Paroline decision, noting some of the confusion in the lower courts following the ruling.
Against this backdrop, they discuss the AVAA, explaining how it will be a useful step forward for victims of these crimes. One even more important possibility is that the Act could set a precedent for expanding restitution for victims in the future.
Liability for Mass Sexual Abuse
In this law review article, published in the prestigious American Criminal Law Review at Georgetown Law, distinguished professors Richard W. Wright and Tsachi Keren-Paz discussParoline v. United States (2014), in which the Supreme Court considered the statutory liability of a convicted possessor of child pornography to a victim whose images he possessed for the pecuniary losses that she suffered due to her knowledge of the widespread viewing of those images.
This article critiques the Justices’ opinions in Paroline as part of a broader discussion that is intended to clarify and distinguish the causation, injury, legal responsibility and allocation of liability issues in general and as applied in particular to situations involving mass sexual abuse, while also criticizing the Court’s ill-considered dicta that would make any compensatory award in civil as well as criminal cases subject to the Constitutional restrictions on criminal punishment.
President Signs AVAA Ushering in Major Reforms for Child Pornography Victims
On Friday, President Trump signed S. 2152, the Amy Vicky & Andy Child Pornography Victim Assistance Act of 2018, ushering in major reforms for victims of child pornography and online exploitation.
The AVAA, which was long-championed by Senator Orrin G. Hatch [R-UT], answers the call of Justice Sonya Sotomayor in Paroline v. United States that "in the end, of course, it is Congress that will have the final say."
The AVAA was created to address both Chief Justice Roberts' and Justice Sotomayor's invocation to fix the law. The bill enjoyed not only wide bi-partisan support—passing both chambers by unanimous consent—it was also endorsed by major victims rights and law enforcement organizations nationwide.
As Senator Hatch wrote in his signing statement "This legislation will help provide meaningful assistance for child pornography victims to support their recovery and allow them to reclaim their lives. This is a momentous day and many years in the making."
Congress Moves Decisively to Pass the AVAA!!
Last Thursday, Representative Trey Gowdy [R-SC] introduced H.R. 6845, the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. Co-sponsored by House Judiciary Committee Chairman Bob Goodlatte [R-VA], it is the long-anticipated companion bill to S. 2152 which was introduced by Senator Orin Hatch [R-UT] earlier this year.
This is an excellent bill which is strongly supported by Amy, Vicky, and Andy. It improves on the Senate's hard work where an amended version of S. 2152 will be considered this week. The House Bill is expected to pass by unanimous consent today.
James R. Marsh Appointed to Blue Ribbon Commission Examining the Larry Nassar Scandal
CHILD USA, the University of Pennsylvania-based think tank focused on child abuse and neglect, with $300,000 in funding from the Foundation for Global Sports Development (GSD), today announced the establishment of an independent Blue Ribbon Commission to examine the institutional responses to sexual abuse by former USA Gymnastics doctor Larry Nassar. The announcement came at the Athletes and Abuse Symposium hosted at the University of Pennsylvania, where leading national experts on sports, law enforcement, child sexual abuse, and child development convened to examine the repeated abuse of athletes across the spectrum of sports and ages.
“Game Over: Commission to Protect Youth Athletes” led by Marci Hamilton, CEO of CHILD USA and Fox Professor of Practice at the University of Pennsylvania, will have 16 members, and will immediately engage in a fact-finding exercise, before conducting public hearings to bring greater light to what happened and what went wrong in reporting. The commission expects to release a full, public report, in the beginning of 2020 with the goal of preventing abuse in the future.
U.S. House must support child-pornography victim restitution
The U.S. House should enact a sensible bill to provide restitution to victims of child pornography. The Senate passed the bill in January.
By Seattle Times editorial board
Victims of child pornography are entitled to restitution from those who victimize them, the U.S. Supreme Court ruled in 2014. But the means for doing so are incredibly burdensome, and Congress should change that.
The U.S. Senate unanimously passed a bill to do just that in January, but it has not made any progress in the House.
Abuse and Incest National Network. Her group has endorsed the proposal along with other organizations including the National Center for Victims of Crime.
This bill is a good compromise between previous Senate and House proposals. The House should not hesitate to take the bill up and pass it.
55 State Attorneys General Call for Swift Passage of the AVAA
Last week, attorneys general from both political parties across the entire country signed a letter to House Speaker Ryan, Leader Pelosi, Chair Goodlatte, and Ranking Member Nadler calling for the swift passage by the House of Representatives of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017 (S. 2152).
Thanks to Utah Attorney General Sean Reyes and Washington Attorney General Robert W. Ferguson for co-sponsoring this crucial effort through the National Association of Attorneys General.
This unequivocal support has already had a meaningful impact on the House's consideration of this important bill which is now being finalized for eventual passage.
Victory in Congress!! House Passes Major Civil Reform for Child Victims 406-3
The House today passed legislation drafted by Senator Dianne Feinstein [D-CA] to require amateur athletics governing bodies like USA Gymnastics and other amateur sports organizations to report sex-abuse allegations immediately to local or federal law enforcement, or a child-welfare agency designated by the Justice Department.
The bill also reforms Masha's Law found at 18 U.S.C. 2255 by significantly enhancing federal civil remedies for victims of child pornography.
These long-sought critical reforms will empower victims of child pornography to hold offenders responsible not only in criminal court, but in federal civil court as well. Advocates for child pornography victims have been seeking these changes for almost 10 years. We congratulate Congress for passing significant law reform for Olympic and amateur athletes, and victims of child pornography, forced labor trafficking, child sex trafficking, federal sex abuse and interstate prostitution.
NOW IS THE TIME TO PASS THE AVAA! Congress must not and cannot rest until federal criminal restitution reform is finally enacted. Let's build on this victory to pass comprehensive reform for victims of child pornography and online exploitation.
Olympic Survivors Demand Change – Congress Scores a Zero
Yesterday, the former national team doctor for USA Gymnastics, Larry Nassar, was sentenced to up to 175 years for a litany of sexual abuse crimes. Nassar was sentenced after seven days of heart wrenching testimony from 156 victims who were abused while Nassar served as a team doctor for Michigan State University and USA Gymnastics.
While further Congressional investigation is definitely necessary, the Senate has already passed by unanimous consent decisive well-considered legislation championed by Senator Dianne Feinstein which is supported by 270 organizations and individuals. The Senate Judiciary Committee held hearings and passed this legislation to protect young victims who participate in amateur sports from sexual abuse.
Once again, the Senate has acted decisively and once again it is up to the House to turn rhetoric into reality.
In the House, House Bill 1973 is sponsored by Representative Susan Brooks from Indiana and Representative Lois Frankel from Florida who co-chair the Women’s Caucus and have championed this issue.
The time is now to get this bill enacted! The House should take up this measure immediately before the bold tragic words of our Olympic athletes fade into memory. Although they will never forget what happened to them, history has shown that Congress has a very brief attention span.
Senate Passes AVAA by Unanimous Consent
After several sincere but ultimately failed attempts to pass legislation to simplify and streamline child pornography victim restitution in the federal courts, the Senate has once again demonstrated its commitment to children by ratifying the AVAA late last night by unanimous consent. The United States Senate came together in a bi-partisan coalition of 27 cosponsors, 12 Democrats and 15 Republicans, to do the right thing far from the spotlight, rhetoric, or Twitter feeds.
The real challenge remains the House of Representatives which has steadfastly blocked reform for the past four years.
Now is the time for advocates, victims, and their supporters, to encourage the House to quickly consider and pass Senate Bill 2152. Child pornography restitution reform is long overdue. Let's make 2018 the year when victims of childhood sexual abuse and online exploitation get the help and support they need. The Senate's right, left, and everyone in between has spoken decisively. Now it's up to the House to join them.