Supreme Court Sets Aside Restitution for Victim Raped and Used in Child Porn Amy was raped by an uncle, Doyle Randall Paroline, when she was 8 and 9, and the events were recorded. The uncle received a lengthy prison term and paid about $6,000 in restitution. When she was 17, she learned that the images were widely available online. Her attorney, Paul G. Cassell, estimates more than 70,000 people have seen them. An appeals court had said Paroline was liable for all of the $3.4 million in damages that Amy, now an adult, was owed for psychological damage and lost income after she discovered the images.
The Supreme Court on Wednesday, voting 5-4, limited the amount of damages that those who possess child pornography must pay victims, throwing out the $3.4 million award. Writing for the majority, Justice Anthony Kennedy said that those convicted of possessing child pornography must pay restitution to victims. "But the amount of damages paid must be proximate to the harm that a specific offender has caused".
In other words, a child is raped repeatedly, the rapes are recorded and the pictures distributed worldwide on the internet, but the victim should be more reasonable about any claims of restitution. After all, the harm done to her is worth far less than $3.4 million.
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Weep not for the memoriesSarah McLachlan