DOJ Task Force on Children Exposed to Violence Presents Final Recommendations
The Attorney General's Task Force on Children Exposed to Violence has released its final recommendations for a national response to address children’s exposure to violence. The report emphasizes prevention and intervention and underscores the importance of trauma-informed care and victim-tailored services.
The task force calls on the federal government, states, tribes, and communities to ensure that all children exposed to violence are identified, screened, and assessed; to create multidisciplinary councils to facilitate systemwide collaboration; to involve men and ...
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...
United States Sentencing Commission Appoints James R. Marsh to the Victims Advisory Group
Earlier today, the United States Sentencing Commission appointed James R. Marsh as a member of the Victims Advisory Group (VAG) to a term ending December 1, 2015.
The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are to:
establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes;
advise and assist Congress and the executive branch in the development of ...
Texas Supreme Court reinstates judge who beat disabled daughter
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Texas Supreme Court reinstates judge who beat disabled daughter (via Raw Story )
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Texas Supreme Court reinstates judge who beat disabled daughter (via Raw Story )
The Texas Supreme Court on Tuesday lifted the suspension of an Aransas County judge who was caught on video beating his 16-year-old disabled daughter. Judge William Adams was suspended with pay last year while the State Commission on Judicial Conduct investigated the allegations against him. In September…
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 )
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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.”…
Fifth Circuit Endorses Full Restitution for Child Pornography Victims
Today, in a rare en banc decision, the Fifth Circuit endorsed the Marsh Law Firm's argument that victims of child pornography are entitled to restitution for the full amount of their losses.
In a case which has been winding its way through the courts since 2009, ten of fifteen judges agreed that the Mandatory
Restitution for Sexual Exploitation of Children Act of 1994 "imposes no generalized proximate cause requirement before a child pornography victim may recover restitution from a defendant possessing images of her abuse."
The Court further declared that the child ...
$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 ...