The Case for Full Restitution for Child Pornography Victims

50 Pages Posted: 4 May 2013 Last revised: 19 Nov 2013

Paul G. Cassell

University of Utah - S.J. Quinney College of Law

James R. Marsh

Marsh Law Firm PLLC

Jeremy M. Christiansen

Independent

Date Written: 2013

Abstract

This Article explores the issues of restitution to the victims of child pornography and other federal sex offenses in depth and contends that Congress meant what it said in Section 2259 — specifically that child pornography victims must receive an award for the “full amount” of their losses from any defendant convicted of harming them. This approach is consistent not only with the plain language of the statute but the well-established tort principle that any intentional wrongdoer is jointly and severally liable with other wrongdoers for an innocent victim’s losses. Requiring defendants to pay for the full amount of the losses that they have caused will address the significant financial losses suffered by child pornography victims.

Suggested Citation

Cassell, Paul G. and Marsh, James R. and Christiansen, Jeremy M., The Case for Full Restitution for Child Pornography Victims (2013). George Washington Law Review, Forthcoming; University of Utah College of Law Research Paper No. 27. Available at SSRN: https://ssrn.com/abstract=2260479

Paul G. Cassell (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-585-5202 (Phone)
801-581-6897 (Fax)

James R. Marsh

Marsh Law Firm PLLC ( email )

PO Box 4668
New York, NY 10163-4668
United States
212-372-3030 (Phone)
212-372-3030 (Fax)

HOME PAGE: http://www.marshlaw.us

Jeremy M. Christiansen

Independent ( email )

No Address Available

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