Posts Tagged ‘criminal restitution’

Supreme Court Grants Justice Dep’t Request to Reject Child Victims

Supreme Court Grants Justice Dep’t Request to Reject Child Victims
By James R. Marsh on December 6, 2011

Last week the United States Supreme Court ignored the extraordinary pleas of three nationally recognized child advocacy groups and granted the Justice Department’s request to dismiss a child sex abuse victim’s appeal for criminal restitution.

The case now returns to the district court which must follow the DC Circuit’s holding that the victim in this case, Amy, does not have a clear and indisputable right to full restitution, but must instead trace precisely how her losses were “proximately” caused by each of the thousands of child molesters and pedophiles who collect and trade her child sex abuse images.

The Supreme Court’s rejection means that a child pornography victim’s right to criminal restitution in the federal courts will continue to be limited and denied in sixteen states and territories, including California, New York and Washington, DC. Only in the Fifth Circuit—encompassing the states of Texas, Louisiana and Mississippi—is restitution still mandatory.

The Court’s denial—and the Justice Department’s stubborn refusal to abandon a legal standard which the influential Ninth Circuit concluded “present[s] serious obstacles for victims seeking restitution in these sorts of cases”—leaves child sex abuse victims like Amy with scant chance for justice in the federal courts.

Pedophiles, child molesters and the Justice Department are likely to seize on the high court’s rejection as a sign that criminal restitution for child sex abuse victims is all but impossible in the federal courts except under the most egregious circumstances. http://www.childlaw.us/2011/12/supreme-court-grants-justice-d.html

Child Pornography Victims Abandoned at the Supreme Court

Child Pornography Victims Abandoned at the Supreme Court
By James R. Marsh on October 24, 2011

Last week, the Solicitor General filed this brief with the United States Supreme Court which effectively denies child victims the ability to obtain criminal restitution from the thousands of child molesters and pedophiles who collect and share child pornography.

The defendant in the case currently pending before the Supreme Court, Amy v. Monzel, admitted to law enforcement that he sexually abused his granddaughter and traded images of girls being sexually abused. A search of his home uncovered more than 800 child sex abuse images including pictures of Amy, the victim in this case. The defendant pleaded guilty to distributing child pornography and was sentenced to 10 years in prison.

The District court ordered the defendant to pay just $5000 in criminal restitution to Amy, a girl whose rape and sexual abuse images were found in his collection. That award was overturned on appeal. Amy then appealed to the Supreme Court where three amicus joined her in asking the Court to take the case.

Despite supporting the victims in the lower courts, the government abandoned victims of child pornography at the Supreme Court by asking the Court not to review the Court of Appeals’ denial of restitution. The Solicitor General’s position on this issue effectively strips victims of child pornography the ability to obtain criminal restitution from any of the thousands of child molesters and pedophiles who collect and share their child sex abuse images.
http://www.childlaw.us/2011/10/child-pornography-victims-aban.html

Anonymous Hackers Take Down Child Porn Websites, Leak Users’ Names
Oct 20, 2011 By Matt Liebowitz, SecurityNewsDaily Staff Writer

Members of the Anonymous hacktivist movement are claiming responsibility for taking down more than 40 secret child-pornography websites and leaking the names of more than 1,500 members of one of the illegal sites.

The Anonymous campaign began Oct. 14, when members of the hacktivist group found a cache of child-pornography websites while browsing a secret website called the Hidden Wiki, a guidebook to hundreds of underground websites invisible to search engines and regular Internet users.
http://www.securitynewsdaily.com/anonymous-hackers-child-porn-sites-1260/

Hacking Child Pornography
By James R. Marsh on October 21, 2011
A new front has opened in the battle to control child pornography on the internet. Members of the Anonymous hacktivist movement have recently taken down more than 40 secret child-pornography websites and revealed the names of more than 1,500 members of one of the illegal sites.
http://www.childlaw.us/2011/10/hacking-child-pornography.html

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