Restitution for Victims of Child Pornography - Andreozzi + Foote, P.C.
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Restitution for Victims of Child Pornography

By |2022-01-05T20:45:52+00:00February 26th, 2014|Injuries|0 Comments

The possession and distribution of child pornography is a terrible crime, often with steep criminal penalties for the perpetrators. For years, however, the victims of child pornography could not recover damages against the viewers and distributors of the terrible images, despite the fact that victims are regularly reminded of his/her abuse whenever the photos turn up on the Internet or in another criminal prosecution.

Now, though, many courts allow victims of child pornography to recover civil damages against the creators, distributors, and possessors of child pornography.

Federal law allows victims whose images are used in child pornography to file a civil lawsuit to recover the “full amount of the victim’s losses,” including costs related to medical services, physical therapy, lost income, attorneys’ fees, and well as other incurred costs. In an early case, decided in 2009, a former executive at a large pharmaceutical company was sued after being convicted of possessing thousands of images of child pornography; the judge awarded the victim $200,000.

More recently, the United States Supreme Court heard arguments in a case in which a young woman claimed $3.4 million in damages against a man who possessed images of her rape as an 8-year-old. The case offers the Court an opportunity to settle disagreements over whether the victim can recover the full amount of damages against a single possessor. The Court has not made a final decision, but there is no doubt the ruling will seriously impact the rights of exploited children. Thankfully, in Pennsylvania, some courts have already decided victims can recover the full amount of their damages against a single possessor of child pornography.

Andreozzi + Foote has represented survivors of sexual abuse and sexual assault across the country. If you or someone you know has fallen victim of sexual abuse or sexual assault, and has been depicted in images of child pornography, do not hesitate to call our office. We do not charge for phone consultations, and will do everything we can to help point you in the right direction.

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When you and your child are victims of a horrid crime it's hard to understand why things are the way they are. Information and answers are what you want, but unfortunately the system doesn't offer that. Nathaniel has fielded and patiently listened to a broken mother wanting nothing more than for someone to help her understand why she has no answers, and through these phone calls Nathaniel has been very informative, honest and upfront. I would recommend Nathaniel and this firm to anyone who is seeking answers, help and professionalism in a firm when going through such difficult times.
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It is impossible to put into words our gratitude for Ben and Nate through the most trying time of our life. As scared, confused, and traumatized parents, the isolation and loneliness of litigation are abysmal. In the beginning, everyone surrounding you has endless bright ideas and can’t say enough how you should pursue action, but then when it comes down to it, these cheerleaders are suddenly silent and nowhere to be found in what feels to be your darkest hour. Thank God we had these two extraordinary men at our side from the moment we contacted them. Their friendship, counsel, and sound resolve to do everything they could in order to balance the scorecard meant more than we can ever convey, and is simply immeasurable. If we had known how simple this seemingly horrific ordeal would’ve been with their help from the start, we wouldn’t have agonized a single minute over doing what we did. If you are in a similar position as I’ve described, take advice from someone who’s been through the worst, thankfully with the best. Call them!

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