Monday, May 13, 2013
Paul G. Cassell , James Marsh and Jeremy M. Christiansen (University of Utah - S.J. Quinney College of Law , Marsh Law Firm PLLC and University of Utah - S.J. Quinney College of Law) have posted The Case for Full Restitution for Child Pornography Victims (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:
This Article explores the issues of restitution to the victims of child pornography and other federal sex offenses in depth and contends that Congress meant what it said in Section 2259 — specifically that child pornography victims must receive an award for the “full amount” of their losses from any defendant convicted of harming them. This approach is consistent not only with the plain language of the statute but the well-established tort principle that any intentional wrongdoer is jointly and severally liable with other wrongdoers for an innocent victim’s losses. Requiring defendants to pay for the full amount of the losses that they have caused will address the significant financial losses suffered by child pornography victims.