Allocating Liability for Child Pornography, in Full or Fractional Shares

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….
http://www.nytimes.com/2013/12/03/us/evaluating-the-liability-of-viewers-of-child-pornography.html

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.
http://graphics8.nytimes.com/packages/pdf/national/20100202-impact-statement.pdf

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
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-110

Project Spade, massive international child p_rn bust centred on Toronto, nets 348 arrests in ‘horrific sexual acts’, Turlock Couple Who Ran Daycare Accused Of Child P_rnography, Recording Children

November 15, 2013 Comments Off on Project Spade, massive international child p_rn bust centred on Toronto, nets 348 arrests in ‘horrific sexual acts’, Turlock Couple Who Ran Daycare Accused Of Child P_rnography, Recording Children

Project Spade, massive international child porn bust centred on Toronto, nets 348 arrests in ‘horrific sexual acts’
Diana Mehta, Canadian Press 14/11/13

TORONTO — At least 386 children have been rescued from sexual exploitation and hundreds of suspects arrested in a sweeping child pornography investigation that began with a Toronto man, police revealed Thursday.

“It’s a first for the magnitude of the victims saved,” said Insp Joanna Beaven-Desjardins, of the force’s Sex Crimes Unit. “The amount of arrests internationally, also a first.”

At least 348 people were arrested around the world as part of Project Spade, including 50 in Ontario and 58 from other parts of Canada….

School teachers, doctors, nurses, pastors and foster parents are among those facing charges in the wide-ranging operation that can be traced back to a business operating out of Toronto’s west end, police said.

“Its success has been extraordinary,” Beaven-Desjardins said of the investigation which spanned more than 50 countries….

Police allege Brian Way, 42, had been running an “exploitation movie, production and distribution company” called Azov Films since 2005, and had made more than $4-million from the business….

Through his company, the man would allegedly contract people to create child porn videos involving kids, largely boys, between the ages of five and 12. Many of those videos were allegedly shot in Ukraine and Romania in apartments, dingy saunas and backyards.

Police allege the videos were then distributed from Toronto — through the mail and the Internet — to customers around the world….

Police say the sheer amount of images and videos seized in their investigation — 45 terabytes worth — was staggering….

“Officers located hundreds of thousands of images and videos detailing horrific sexual acts against very young children, some of the worst that they have ever viewed.”
http://news.nationalpost.com/2013/11/14/at-least-386-victims-rescued-after-project-spade-a-massive-child-porn-bust-that-started-in-toronto/

Turlock Couple Who Ran Daycare Accused Of Child Pornography, Recording Children   November 13, 2013

TURLOCK (CBS13) — A couple who ran a Turlock daycare is accused of possessing child porn, and the wife is accused of secretly recording children.

Investigators are looking for children who were in the Ceres home of Angele and Adam Henry.

Adam Henry was arrested by Ceres Police in September, but on Wednesday, the FBI came knocking. He’s accused of receiving and distributing child pornography.

His wife Angele Henry was also arrested for child pornography, as well as allegedly using a hidden camera to record an “underage person’s body in a private room.”

The couple’s Burman Drive home is listed on Angie’s List as not just a home, but the Turlock Early Enrichment Center.
http://sacramento.cbslocal.com/2013/11/13/turlock-couple-who-ran-daycare-accused-of-child-pornography-recording-children/

Adam Henry Criminal Complaint
http://cbssacramento.files.wordpress.com/2013/11/adam-henry-complaint.pdf

 

Clergy abuse victims call on Pope Francis to open files on Argentina’s pedophile priests, Indian legislators pass strict anti-rape law, Abuse inquiry to proceed under changed law

March 20, 2013 Comments Off on Clergy abuse victims call on Pope Francis to open files on Argentina’s pedophile priests, Indian legislators pass strict anti-rape law, Abuse inquiry to proceed under changed law

Clergy abuse victims call on Pope Francis to open files on Argentina’s pedophile priests

By Associated Press, Tuesday, March 19, 2013

BUENOS AIRES, Argentina — Activists against abuse by Roman Catholic clergy urged Pope Francis on Tuesday to apologize for what they called the Argentine church’s protection of two priests who were eventually convicted of sexually assaulting children.

The U.S.-based Bishop Accountability group cited the case of Father Julio Cesar Grassi, who ran the “Happy Children” foundation and was convicted of pedophilia in 2008, and Father Napoleon Sasso, convicted in 2007 of abusing girls at a soup kitchen in suburban Buenos Aires.

The Buenos Aires archbishop’s office didn’t immediately respond Tuesday.

The pope’s authorized biographer, Sergio Rubin, told The Associated Press before Jorge Mario Bergoglio was elected pope last week that he had drawn an increasingly tough line on clergy abuse. Bergoglio insisted that accused priests face trial, and imposed a thorough screening process in an attempt to weed out future problems, Rubin said…..

Grassi was well known in Buenos Aires for persuading celebrities to donate to his “Happy Children” foundation, which ran orphanages and social outreach programs. Before he was convicted, Grassi praised Bergoglio for “never abandoning him.” Now he’s free on appeal, thanks in part to a church filing on his behalf.

Sasso, meanwhile, enjoys prison furloughs after serving half of a 17-year sentence for abusing five girls.

Sasso was assigned to the soup kitchen, at a chapel where his bedroom shared the only bathroom, after living in a home for wayward priests where he had been sent after accusations of pedophilia were raised against him in remote San Juan province.

“The bathroom had two doors. The girls would come in through the outside door, and the priest would bring them into his bedroom through the other, sexually abusing the girls,” Moreau said. “These were really poor people, who were there for free meals while their parents worked. They found an enormous amount of child pornography in his computer, semen, condoms.” It was a medical priest and a nun who discovered that Sasso abused 25 girls aged 3 to 16, but when they informed church officials, they were told to “remain patient,” and nothing was done, Moreau said.

Eventually, they sought higher authorities and the case was taken up by the criminal courts, but the mid-level officials who covered it up still have their positions, while the priest and nun were forced to work elsewhere, the lawyer said….

http://www.washingtonpost.com/world/the_americas/clergy-abuse-victims-call-on-pope-francis-to-open-files-on-argentinas-pedophile-priests/2013/03/19/ed810cb2-90c6-11e2-9173-7f87cda73b49_story.html

Indian legislators pass strict anti-rape law
By Rama Lakshmi Tuesday, March 19, 2013

NEW DELHI — The Indian Parliament’s lower house passed a landmark law Tuesday that sets tougher penalties for rapists and for police officers who refuse to file a woman’s complaint of rape, as well as criminalizing offenses such as stalking, voyeurism and acid attacks.

The amendments to existing law incorporate some of the sweeping changes that were demanded after the fatal gang rape of a young paramedical student in New Delhi in December, an incident that sparked a nationwide outcry against the lack of safety for women.

Despite the unprecedented protests that galvanized tens of thousands of Indians, the number of incidents of sexual assault has not diminished.

As lawmakers discussed the new law in Parliament on Tuesday, a British tourist fractured her leg when she jumped from the balcony of her hotel room in Agra, the city of the Taj Mahal, to escape being molested by the hotel owner, police said….

A provision requiring government approval for the trial of police officers, officials, politicians and judges on rape charges also has been lifted.

For the first time, the law criminalizes stalking and voyeurism, acts of sexual harassment that have long been grouped under the benign euphemism “love-teasing.” Hereafter, rapes that occur during religious and caste riots also will be treated as cases of aggravated sexual assault.

The law does not, however, address contentious issues such as marital rape or the legal impunity afforded to Indian military officers. Nor does it include a provision to prohibit politicians charged with rape from running for office….

Some activists working to end the trafficking of minors said the law is a watered-down version of what was initially proposed.

“Under the new law, trafficking of a minor is a crime only if rape or sexual exploitation occurs,” said Bhuwan Ribhu, a children’s rights activist….
http://www.washingtonpost.com/world/asia_pacific/british-tourist-jumps-from-indian-hotel-balcony-to-escape-sexual-assault-police-say/2013/03/19/1c25919c-9094-11e2-9173-7f87cda73b49_story.html 

Indiana ISP owner charged with ‘sextortion’ of minors; hundreds of victims might have been targeted

April 10, 2012 Comments Off on Indiana ISP owner charged with ‘sextortion’ of minors; hundreds of victims might have been targeted

Indiana ISP owner charged with ‘sextortion’ of minors; hundreds of victims might have been targeted By M. Alex Johnson, msnbc.com 4/9/12

The owner of an Internet service provider in Indiana has been charged with blackmailing children into performing sexually explicit acts over webcams, authorities said Monday.

Richard Leon Finkbiner, age 39, of Brazil, Ind., about 50 miles southwest of Indianapolis, was charged in a federal complaint last week with sexual exploitation of children. The allegations involve two 14-year-old boys, but the FBI said in court documents that it found thousands of sexually explicit images and videos on Finkbiner’s computer that suggest “several hundred” other victims.

Authorities said the “sextortion” scheme worked this way:

Using the pseudonym “Josh Swaim,” Finkbiner would befriend young boys on social media and capture sexually explicit video of them they had uploaded on what they thought was an anonymous video chat site, the complaint alleges.

He would then tell them that if they didn’t record more sexually explicit videos, he would release the clips online or send them to their friends, it says….

“Analysis of FINKBINER’s computer and other digital media uncovered thousands of video files depicting hundreds of individuals on various states of undress or engaged in sexually explicit conduct,” the FBI said in court documents. “Many, if not most, of these individuals appear to be between the ages of 14-16 years of age,” it said. http://usnews.msnbc.msn.com/_news/2012/04/09/11103049-indiana-isp-owner-charged-with-sextortion-of-minors-hundreds-of-victims-might-have-been-targeted

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