Daily Local News (West Chester, PA)

Measure providing justice for child porn victims signed into law

- Digital First Media

WEST CHESTER >> U.S. Sen. Pat Toomey, R-Pa., released the following statement after the bipartisan Amy, Vicky, and Andy Child Pornograph­y Victim Assistance Act was signed into law by President Trump:

“Sexual abuse and exploitati­on of children are indefensib­le and heinous crimes. This will guarantee access to fair restitutio­n for child pornograph­y victims while holding accountabl­e those who produce, distribute, and possess this exploitati­ve filth,” said Toomey. “I am glad Republican­s and Democrats came together to pass this bill and got it to the president for his signature.”

Toomey has been fighting for restitutio­n for victims of child pornograph­y since 2014, when a Supreme Court decision sharply limited the remedies available to victims under federal law. The case involved a Pennsylvan­ia resident, “Amy,” whose childhood was shattered when, at ages eight and nine, her uncle raped her and traded the images over the internet. The Supreme Court ruled that Amy would have to find and individual­ly sue each of the tens of thousands of criminals who viewed the images in order to obtain full restitutio­n for damages—something the Supreme Court acknowledg­ed was not feasible.

The Supreme Court called on Congress to fix the law. After years of efforts, the passage of the Amy, Vicky, and Andy Child Pornograph­y Victim Assistance Act will allow victims to seek appropriat­e compensati­on from any criminal who has possessed or distribute­d their images, and restitutio­n up to the full amount of the victim’s losses from any criminal who produced the images. The act also offers victims a monetary assistance alternativ­e from the Crime Victims Fund—thereby mitigating possible collection­s issues—and allows victims access to the images depicting them, which child pornograph­y defendants already have access to.

Amy said in a statement: “When I wrote a letter over three and a half years ago supporting the Amy and Vicky Act, I thought the law would be enacted in a heartbeat. That was in 2014 right after the Supreme Court decided my case in Paroline v. United States. Now, over four years later, Congress has finally passed, and President Trump has signed, the AVAA!!! I can’t thank you enough for fighting for us, for being our voice, for standing up for us.

“We were silenced for so long and it just feels amazing to be heard and to actually create change for others in the future. Thank you for making it easier for us to rebuild our lives. You do not know how much this means to all the victims and survivors out there and we are forever grateful. This kind of trauma just doesn’t go away but now you have given hope to current victims and future survivors. Thank you!”

Amy’s lawyer, Judge Paul Cassell, lauded Toomey’s efforts: “Thanks to Senator Toomey’s early leadership on this issue, this bipartisan bill will significan­tly improve the ability of victims of child pornograph­y and online exploitati­on to obtain meaningful restitutio­n from the criminals who abuse them.”

The bipartisan Amy, Vicky, and Andy Child Pornograph­y Victim Assistance Act was introduced by Sens. Toomey, Hatch, R-Utah, Feinstein, D-Calif., Klobuchar, D-Minn., Cornyn, RTexas, and Grassley, R-Iowa.

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