‘Satanic’ murder teens back in court, Prosecutors Rarely Bring Charges In College Rape Cases, Long-forgotten rape evidence, The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
June 19, 2014 Comments Off on ‘Satanic’ murder teens back in court, Prosecutors Rarely Bring Charges In College Rape Cases, Long-forgotten rape evidence, The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
– ‘Satanic’ murder teens back in court
– Prosecutors Rarely Bring Charges In College Rape Cases
– The “Justice Gap” for Sexual Assault Cases
– Long-forgotten rape evidence finally reveals its clues in Northern Virginia lab
– Amy’s Letter Supporting The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
– The Amy and Vicky Child Pornography Victim Restitution Improvement Act
– Text of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
‘Satanic’ murder teens back in court
South Africa Wednesday 18 June 2014
SOWETO – Two teenage boys accused of murdering two Soweto schoolgirls will appear in the Protea magistrate’s court on Wednesday.
….The girls were found dead in a field in Dobsonville, Soweto, in February.
They were both wearing George Khoza Secondary School uniforms and had cuts on their hands and necks.
Three black candles and two razor blades were found at the scene, leading to speculation that the murders were related to a satanic ritual.
Prosecutors Rarely Bring Charges In College Rape Cases
Tyler Kingkade 06/17/2014
….Amid recent accusations that colleges are mishandling reports of sexual assault on campuses, like Reed’s case against the University of Southern California, observers have questioned why colleges are tasked with handling these cases in the first place. They often argue that felony crimes such as these should be left entirely to the criminal justice system — but such arguments assume that the guilty are more likely to be punished under that system, which is rarely the case.
Although roughly 1 in 6 women nationwide are victims of sexual assault — with the rate being higher for women in college, according to the National Crime Victimization Survey — rapists often escape jail time. Only between 8 percent and 37 percent of rapes ever lead to prosecution, according to research funded by the Department of Justice, and just 3 percent to 18 percent of sexual assaults lead to a conviction.
Multiple self-identified sexual assault victims that HuffPost spoke with, in states like California, Colorado, Montana, Massachusetts and New York, said they attempted to press charges against their assailants, some claiming they had confessions, but local prosecutors declined.
….The reality is the criminal justice system often decides against prosecuting cases of acquaintance rape and date rape. Once a case reaches prosecutors, there’s no guarantee of a conviction, let alone a trial or full prosecution. An analysis of the National Violence Against Women Survey by the group End Violence Against Women International concluded that roughly 5 percent of rapes are ever prosecuted. (The analysis sought to account for the underreporting of sexual assault, which resulted in numbers lower than the DOJ’s estimates.)
The “Justice Gap” for Sexual Assault Cases: Future Directions for
Research and Reform Kimberly A. Lonsway and Joanne Archambault
Media coverage often reports “good” news about the criminal justice system’s ability to effectively respond to sexual assault, concluding that the past two decades have seen an increase in rape reporting, prosecution, and conviction. The objective of this article is to examine the validity of such conclusions by critically reviewing the strengths and weaknesses of various data sources and comparing the statistics they produce. These statistics include estimates for sexual assault reporting rates and case outcomes in the criminal justice system. We conclude that such pronouncements are not currently supported by statistical evidence, and we outline some directions for future research and reform efforts to make the “good news” a reality in the United States.
Violence Against Women 18(2) 145–168
Reprints and permission:
Long-forgotten rape evidence finally reveals its clues in Northern Virginia lab
By Monica Hesse June 16
….The problem is a backlog of untested rape kits, tens of thousands of them, each representing an alleged assault. In every case, evidence was collected from victims after their attacks, but it was never analyzed. Instead it sat on shelves for years, even decades.
There is no federal law requiring rape kits to be tested or tracked, and only a handful of states have enacted their own legislation. Staffing and money shortages have contributed to the backlog; a single kit can cost more than $1,000 to process. Sometimes, if a victim had already identified her attacker, police might not have processed her kit — though it could have contained DNA linking the assailant to other unsolved crimes.
Whatever the reasons, the backlog kept growing as kits were overlooked, ignored and forgotten. Recently, as attention on the issue has increased, that has begun to change. Twelve hundred kits were uncovered in Colorado Springs. Four thousand in Dallas. Twelve thousand in Memphis. And 6,600 in Houston, 5,000 of which were processed last year by Bode, one of several private companies contracting with local jurisdictions in a kit-by-kit effort to bring the backlog down to zero.
….Testing in other jurisdictions has yielded results: New York’s arrest rate for sexual assaults went from 40 percent to 70 percent after its backlog was cleared. When Detroit tested 1,600 of its backlogged kits, the city came back with 127 potential serial rapists, according to the Joyful Heart Foundation, which advocates on issues related to the backlog.
Amy’s Letter Supporting The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
“I am writing today to give my support to the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014. It is very important that this law get passed as soon as possible.”
“The past eight years of my life have been filled with hope and horror. Life was pretty horrible when I realized that the pictures of my childhood sex abuse were on the Internet for anyone and everyone to see. Imagine the worst most humiliating moments of your life captured for everyone to see forever. Then imagine that as a child you didn’t even really know what was happening to you and you didn’t want it to happen but you couldn’t stop it. You were abused, raped, and hurt and this is something that other people want. They enjoy it. They can’t stop collecting it and asking for it and trading it with other people. And it’s you. It’s your life and your pain that they are enjoying. And it never stops and you are helpless to do anything ever to stop it. That’s horror.”
….“Then we started having problems with the restitution law. Judges sometimes gave me just $100 and sometimes nothing at all. A few judges really got it, like when I was at the Fifth Circuit oral argument two years ago and the judges agreed that the child sex abuse images of me really do cause ongoing and long-term harm. The article by Emily Bazelon in the New York Times also really helped to tell my story so that people can understand what it’s like to live with child pornography every day of your life. I was really happy to discover recently that her article received honorable mention in a contest recognizing excellence in journalism.”
….“My hope turned to horror when the (Supreme) Court decided two weeks ago that restitution was impossible for victims like me and Vicky and so many others. I couldn’t believe that something which is called mandatory restitution (twice) was so hard to figure out. It just seemed like something somewhere was missing. Why, if so many people are committing this serious crime, why are the victims of that crime, who are and were children after all, left out? The Court’s decision was even worse than getting no restitution at all. It was sort of like getting negative restitution. It was a horrible day.”
“This is why I am so happy, and hopeful, that Congress can fix this problem once and for all. Maybe if they put mandatory in the law for a third time judges will get it that restitution really really really must be given to victims! After all this time and all the hearings and appeals and the Supreme Court, I definitely agree that restitution needs improvement and hopefully this bill, the Amy and Vicky Child Pornography Restitution Improvement Act of 2014, can finally make restitution happen for all victims of this horrible crime.”….
The Amy and Vicky Child Pornography Victim Restitution Improvement Act
….The Amy and Vicky Act creates an effective, balanced restitution process
for victims of child pornography that also responds to the Supreme Court’s decision in Paroline v. United States. It does three things that reflect the nature of these crimes. First, it considers the total harm to the victim, including from individuals who may not yet have been identified. Second, it requires real and timely restitution. Third, it allows defendants who have contributed to the same victim’s harm to spread the restitution cost among themselves….
Text of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
This bill was assigned to a congressional committee on May 7, 2014, which will consider it before possibly sending it on to the House or Senate as a whole. The text of the bill below is as of May 07, 2014 (Introduced).
S. 2301 Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
U.S. Supreme Court decided Paroline v. US, concerning the limits of restitution victims of child p_rnography, Almost one-third of Canadian adults have experienced child abuse
April 26, 2014 Comments Off on U.S. Supreme Court decided Paroline v. US, concerning the limits of restitution victims of child p_rnography, Almost one-third of Canadian adults have experienced child abuse
Another 5-4 decision, but not another left-right split
By Jonathan H. Adler April 23, 2014
Today the U.S. Supreme Court decided Paroline v. United States, concerning the limits of restitution victims of child pornography may seek under 18 U.S.C. section 2259. Splitting 5-4, the Court held that restitution is proper (indeed, mandatory) to the extent that the defendant’s own conduct was responsible for harms to the victim….
The decision is available here: http://www.supremecourt.gov/opinions/13pdf/12-8561_7758.pdf
The crime victim’s reaction to today’s Supreme Court decision
By Paul Cassell April 23, 2014
The Supreme Court has just released its decision in the Paroline case earlier this morning…..the Supreme Court’s split-the-difference ruling promises her that she will receive full restitution “someday.” I just wonder how far in the future that someday will be. The battle for full restitution will now shift to Congress, which will have the last word on how restitution in these cases should be awarded.
Almost one-third of Canadian adults have experienced child abuse
Psychology & Psychiatry April 22, 2014
Almost one-third of adults in Canada have experienced child abuse—physical abuse, sexual abuse or exposure to intimate partner (parents, step-parents or guardians) violence in their home. As well, child abuse is linked to mental disorders and suicidal ideation (thoughts) or suicide attempts, found an article published in CMAJ (Canadian Medical Association Journal).
Researchers looked at data from 23 395 people from across Canada who participated in the 2012 Canadian Community Health Survey: Mental Health. The participants were 18 years or older and were representative of people living in the 10 provinces….
According to the study, 32% of adult Canadians experienced child abuse, with physical abuse the most common (26%), followed by sexual abuse (10%) and exposure to intimate partner violence (8%). Men were more likely to have been physically abused (31% v. 21% in women) and had a higher rate of any abuse (34% v. 30%). Sexual abuse was more common in women (14% v. 6% in men) as was exposure to intimate partner violence (9% v. 7%) as children. People between 35 and 64 years of age were more likely than those aged 18 to 34 years to report having been abused as a child.
“All 3 types of child abuse were associated with all types of interview-diagnosed mental disorders, self-reported mental conditions, suicide ideation [thoughts of suicide] and suicide attempts in models adjusting for sociodemographic variables,” write the authors.
Drug abuse or dependence, suicidal thoughts and suicide attempts remained associated with all types of child abuse even in the most adjusted models. The least severe type of physical abuse (being slapped on the face, head or ears or hit or spanked with something hard) showed a strong association with all mental conditions in models adjusting for sociodemographic variables. Exposure to more than one type of abuse increased the odds of having a mental condition.
Child abuse and mental disorders in Canada
CMAJ April 22, 2014 doi: 10.1503/cmaj.131792
Tracie O. Afifi, Harriet L. MacMillan, Michael Boyle, Tamara Taillieu, Kristene Cheung, Jitender Sareen
….Results: The prevalence of any child abuse was 32% (individual types ranged from 8% to 26%). All types of child abuse were associated with all mental conditions, including suicidal ideation and suicide attempts, after adjustment for sociodemographic variables (adjusted odds ratios ranged from 1.4 to 7.9). We found a dose-response relation, with increasing number of abuse types experienced corresponding with greater odds of mental conditions. Associations between child abuse and attention deficit disorder, suicidal ideation and suicide attempts showed stronger effects for women than men.
January 27, 2014 Comments Off on Utah law professor to make case for child-porn victims
Utah law professor to make case for child-porn victims
Restitution » Cassell will argue before the Supreme Court on compensation for child-pornography victims.
By Brooke Adams The Salt Lake Tribune Jan 16 2014
Paul Cassell has advocated passionately in courtrooms across the country that every person who views or distributes an image of child pornography contributes to what victims have described as “death by a thousand cuts” and thus should be held liable for restitution.
On Wednesday, the University of Utah law professor will make that argument before what will be his most important audience yet: the U.S. Supreme Court. It is the first time a crime victim’s attorney has appeared before the court in a criminal case filed by the government; the outcome may result in a historic decision for crime victims’ rights.
The case before the U.S. Supreme Court involves a Texas man who viewed images of an 8-year-old girl identified by the pseudonym “Amy Unknown,” who was sexually abused by her uncle in 1997.
When Amy was 17, she learned that pornographic images of her abuse, taken by her uncle, were being widely circulated on the Internet, which is where Doyle Randall Paroline came across them.
Paroline was arrested in 2009 after an employee at a computer company found sexually explicit images of minors on his computer. Two images of “Amy” were among the nearly 300 child pornography images that investigators later discovered on the machine. Paroline pleaded guilty and received a 24-month prison sentence.
James Marsh, Amy’s attorney, filed a restitution request for $3.4 million — the sum first awarded to his client in a 2008 case under what turned out to be a little-used 1994 federal law that requires mandatory restitution for child pornography victims.
“I didn’t know it was the first request ever filed for a victim of child pornography,” Marsh said of that first case.
But since then, Marsh, who teamed up with Cassell about 4 1/2 years ago, has filed restitution requests on behalf of Amy and other victims of child pornography in hundreds of cases. Amy has received victim notices in more than 1,800 federal child pornography cases. They have won restitution for Amy in 180 cases, collecting about 40 percent of the full amount awarded to her….
December 4, 2013 Comments Off on Allocating Liability for Child Pornography, in Full or Fractional Shares
Allocating Liability for Child Pornography, in Full or Fractional Shares By ADAM LIPTAK December 2, 2013
WASHINGTON — The notices arrive almost every day. They tell a young woman named Amy, as she is called in court papers, that someone has been charged with possessing child pornography. She was the child.
“It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it,” Amy, then 19, wrote in a 2008 victim impact statement. “It’s like I am being abused over and over and over again.”
Next month, the Supreme Court will consider what the men who took pleasure from viewing Amy’s abuse must pay her.
Images of Amy being sexually assaulted by her uncle are among the most widely viewed child pornography in the world. They have figured in some 3,200 criminal cases since 1998.
Amy is notified through a Justice Department program that tells crime victims about developments in criminal cases involving them. She has the notifications sent to her lawyer. There have been about 1,800 so far.
Her lawyer often files a request for restitution, as a 1994 law allows her to do. Every viewing of child pornography, Congress found, “represents a renewed violation of the privacy of the victims and repetition of their abuse.”
Amy’s losses are in most ways beyond measure, but some of them can be calculated in dollars. She has found it hard to hold down a job. She needs a lifetime of therapy. She has legal bills. Her lawyers say it adds up to about $3.4 million….
Victim Impact Statement of Amy – the Victim in the Misty Series
I am a 19 year old girl and I am a victim of child sex abuse and child pornography. I am still discovering all the ways that the abuse and exploitation I suffer has hurt me, has set my life on the wrong course, and destroyed the normal childhood, teenage years, and
early adulthood that every one deserves. My uncle started to abuse me when I was only 4 years old. He used what I now know are the common ways that abusers get their victims ready for abuse and keep them silent:
he told me that I was special, that he loved me, and that we had our own “special secrets.” Since he lived close to our house, my mother and father didn’t suspect anything when I walked over there to spend time with him.
18 USC Chapter 110 – SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
§2251. Sexual exploitation of children
§2251A. Selling or buying of children
§2252. Certain activities relating to material involving the sexual exploitation of minors
§2252A. Certain activities relating to material constituting or containing child pornography
Criminal Restitution for Victims of Child Pornography, Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
November 12, 2013 Comments Off on Criminal Restitution for Victims of Child Pornography, Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
After Five Years – Supreme Court Brief Finally Completed!
Over five years ago, I began an unprecedented effort to obtain criminal restitution for victims of child pornography and online exploitation. A few minutes ago, our United States Supreme Court brief was finally delivered to the printer. The oral argument in this groundbreaking case is scheduled for January 22, 2014.
Marsh Law Firm’s ChildLaw Blog
Commentary, insight and analysis on children’s law, policy and current issues.
Doyle Randall Paroline vs. Amy Unknown Supreme Court Resources
Jimmy Savile: IPCC say Greater Manchester Police in the clear over complaints 11 Nov 2013
Police had 17 reports by women from the region claiming abuse by the DJ during the 1960s
A watchdog says it won’t take action against Greater Manchester Police over the way the force handled complaints about Jimmy Savile.
When the DJ was exposed as a serial sex abuser last year, some 17 women came forward and reported to GMP that they had been molested by Savile from the 1960s.
The Independent Police Complaints Commission launched an investigation amid reports that police officers elsewhere in the country helped Savile cover up his crimes.
Now the watchdog has announced it will conduct a further enquiry into a West Yorkshire Police inspector who ‘acted on behalf of’ Savile inappropriately by contacting Surrey Police ahead of a police interview in 2009….
Pervert Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
6 Nov 2013 By Andy Lines
Handwritten message reveals how the twisted celebrity deliberately cultivated a phony friendship with doormen at the corporation
Serial pervert Jimmy Savile frequently manipulated BBC security staff so they would allow girls into his dressing room.
A handwritten message, published by the Mirror today, reveals how the twisted celebrity deliberately cultivated a phony friendship with doormen at the corporation so they would never question his requests.
The sickeningly chummy note, addressed to “BBC security friends” and signed with his customary smiling face drawn inside an expansive J at the start of his name, was scrawled on notepaper from Stoke Mandeville hospital where he was a fundraiser.
A BBC insider said: “It perfectly illustrates the position of power Savile had. “He flattered and made friends with security staff and this enabled him to carry out his horrendous attacks.
“He even wrote this on headed notepaper of the National Spinal Injuries Centre. This was not unusual.”
Savile used BBC studios to abuse dozens of girls and young women….
Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case
June 29, 2013 Comments Off on Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case
Disinformation and DID: the Politics of Memory – Brian Moss, MA, MFT
Information on the False Memory Syndrome, Mind Control, Dissociative Identity Disorder, The Media, Ritual Abuse, The Nazis and Programming.
Top court agrees to hear child pornography restitution case
By Lawrence Hurley WASHINGTON | Thu Jun 27, 2013
(Reuters) – The Supreme Court on Thursday agreed to consider how much victims of child pornography can claim in restitution under a federal law.
The case concerns efforts by a victim, named only as Amy, to seek restitution from Doyle Paroline Of Brownsboro, Texas, who was convicted of possessing child pornography that included two images of Amy.
Amy, now 19, was sexually abused by an uncle when she was 8 and 9 years old. The uncle made images of the abuse that have been widely distributed on the Internet, which is where Paroline acquired them.
The legal question is how much Paroline is required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act. Amy said Paroline is liable for the full amount of her injury – such as counseling and loss of future income – while Paroline said he should only be liable for his individual role. Amy has claimed $3.4 million.
A federal court initially denied Amy any restitution in Paroline’s case but an appeals court said restitution of the full amount of the loss is required. Paroline asked the Supreme Court to review that finding. Amy’s case is one of several similar cases around the country.
Court papers said more than 150 courts have awarded Amy restitution but Paroline’s is the only one before the Supreme Court….
Supreme Court Agrees to Hear Landmark Children’s Rights Case
By James R. Marsh on June 27, 2013
Earlier today, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography.
The Court agreed to decide “what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994.
The case, Doyle Randall Paroline v. Amy Unknown, arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before Judge Leonard Davis in the Eastern District of Texas Tyler Division.