Amicus Support Victim Restitution – Brief Filed in Supreme Court

Today, the National Crime Victim Law Institute (NCVLI) moved for leave to file, as amicus curiae, this brief in support of the Marsh Law Firm's recent Petition for a Writ of Certiorari concerning whether the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, excuses a defendant from paying restitution for the itemized loss categories unless there is proof that the victim’s losses were the proximate result of an individual defendant’s child pornography crime. NCVLI is a nonprofit educational and advocacy organization located ...

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Restitution for Child Victims Returns to the Supreme Court

Last week, the Marsh Law Firm, along with co-counsel Paul G. Cassell and Carol L. Hepburn, filed a petition for a writ of certiorari in the United States Supreme Court. Almost 20 years ago, Congress enacted the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, to benefit victims of federal child pornography crimes, including petitioners like Amy and Vicky, whose child sex abuse images are traded and collected over the internet by countless individuals worldwide. The statute provides in part that a court “shall order restitution...

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Today’s Outrage (on a weekend no less)

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School district calls 12-year-old rape victim ‘negligent’ and ‘careless’ in her own abuse (via Raw Story )

The Moraga School District in Moraga, California alleged that a 12-year-old girl, who suffered prolonged sexual abuse at the hands of two different middle school teachers in the 1990s, was “negligent,” “careless” and “was herself responsible for the acts and damages of which she claims.”…

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Teacher Creates Child Sex Abuse Images of Third Graders

Last month, the Marsh Law Firm received a disturbing email from the parent of a child whose teacher took child sex abuse images of her and her fellow third graders in school during the school day. We immediately contacted attorney Douglas Fierberg who has extensive experience litigating against school districts across the country. A lawsuit against the Hildebran, North Carolina school district was filed earlier today. FEDERAL CIVIL RIGHTS LAWSUIT FILED BY HILDEBRAN, NORTH CAROLINA NINE YEAR OLD STUDENT WHO WAS SEXUALLY MOLESTED AND VIDEOTAPED BY TEACHER WHO ABUSED ...

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$9250 for Illegally Downloading a Song – $0 for Child Pornography?

In July, a Nebraska judge awarded a child pornography victim just $2500 in restitution. Despite un-refuted losses of over a million dollars, the district court concluded it would be “gilding the lily” to give the victim the "full restitution" which Congress made mandatory in Joe Biden's Mandatory Restitution for Sexual Exploitation of Children Act. The victim in this case, United States v. Robert M. Fast, was ten years old when her father directed and produced child pornography videos using a script which he created with his daughter in the staring role. The ...

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Should There Be A Statute Of Limitations For Child Sex Abuse Cases

The Jerry Sandusky trial brought the issue of child sex abuse to light. It also highlighted several of the problems that occur when trying to prosecute these cases. One such problem is the statute of limitations that victims face. Most states provide victims with a five-year window to come forward with their allegations. The statute of limitations should be done away with for a couple of specific reasons. The first reason is that the victims are often too scared or ashamed to come forward until they are adults. Kids who are abused at age 8 may not come forward until they ...

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Child Abuse Investigations: have a healthy suspicion of multiple “unsubstantiated” findings

Following a child abuse/neglect investigation, a child protective services (CPS) investigator, usually in consultation with his or her supervisor, determines if the report should be substantiated or unsubstantiated. If the report is substantiated it means that the information gathered supports a finding of child abuse or neglect. If the report is unsubstantiated it means that the information gathered does not support a finding of child abuse or neglect. Each state has its own unique scheme governing the practical application of the term “unsubstantiated” or ...

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