Toomey Seeks Justice for Child Porn Victims
FOR IMMEDIATE RELEASE: April 25, 2014
Contact: E.R. Anderson (202) 224-8609 or
Steve Kelly (717) 782-3951
ICYMI:
Pittsburgh Post-Gazette Highlights Toomey Effort to Provide
Justice for Victims of Child Pornography
ALLENTOWN, Pa. – In case you missed it: The Pittsburgh Post-Gazette published a story today detailing Sen. Toomey’s intent to introduce the "Justice for Amy Act" which enables victims of child pornography to obtain full restitution for their suffering by making all defendants involved in child pornography jointly and severally liable to the victim.
The introduction of the "Justice for Amy Act" follows a recent Supreme Court decision which limited the remedies available to victims of child pornography under federal law. The case concerned Pennsylvania resident "Amy," whose childhood was shattered when, at age 9, she was raped and then had those images traded over the Internet. The Supreme Court ruled that Amy would have to find each of the thousands of people who have viewed her images in order to obtain full restitution—something the Court acknowledged was not feasible.
In conjunction with this decision, the Supreme Court called on Congress to fix the law, and Sen. Toomey is responding.
The complete Post-Gazette story is below.
Bill would ensure pay for child porn victims
April 24, 2014
By Tracie Mauriello / Post-Gazette Washington Bureau
WASHINGTON — A day after the U.S. Supreme Court rejected as excessive a $3.4 million restitution award for a Pennsylvania child pornography victim, Sen. Pat Toomey was working on legislation to ensure just compensation for those similarly abused.
The Wednesday decision sharply limits restitution orders against people who view child pornography to an amount equal to the "harm" each defendant caused.
Justices acknowledged that amount is impossible to calculate with any precision, but directed lower courts to use judgment and discretion to decide. In dissenting opinions, four justices also noted that Congress could provide more direction legislatively by amending a 1994 law relating to victims’ compensation.
Mr. Toomey, for one, wants to try.
"The Supreme Court’s decision is very unfortunate, especially for victims of child pornography who are seeking justice," the Pennsylvania Republican said Thursday. "The Supreme Court called on Congress to fix the statute in question so victims can get full restitution, and I will be leading the charge."
Early next week, he plans to introduce the "Justice for Amy Act," named for the victim who is known in court papers only by her first name.
His legislation conforms to arguments Amy’s attorney, Paul G. Cassell of Utah, made during Supreme Court oral arguments in January. The bill provides all defendants who abuse a child, produce child pornography or traffic in child pornography to be held jointly and severally liable.
That means that any one defendant can be held liable for the full $3 million; that defendant can then sue others for indemnification.
Mr. Cassell said passage of the legislation would not affect Doyle Paroline, the defendant in the "Amy" case ruled upon Wednesday, but it would allow Amy to more easily be compensated from others going forward.
The online images of her being raped by her uncle 16 years ago are still being viewed and downloaded multiple times a day.
Without congressional intervention, Wednesday’s Supreme Court decision leaves victims of child pornography to collect damages piecemeal over many years.
More than 175 people have been convicted of possessing Amy’s images, which attorneys say caused her $3.4 million in damages including ongoing therapy, lost wages and attorney’s fees. She already has collected about $1.75 million in restitution awards that have varied from as little as $50 to as much as $1.2 million.
Paroline, of Texas, had been convicted five years ago of possessing child pornography, including two images of Amy that were taken when she was 8 or 9 years old.
His attorney, Stanley G. Schneider, had argued that Paroline had caused too little harm to warrant any restitution. Untold others also had viewed her images and continue to, he argued.
The court rejected that argument.
###
Steven Kelly
U.S. Senator Pat Toomey
Press Secretary
Room 1104, 228 Walnut Street
Harrisburg, PA 17101-1722
(717) 782-3951 (Office)
(717) 480-2806 (Cell)
Sign up here to receive Senator Toomey’s newsletter.
