By MICHELE M. BETTI | b&a opinions | https://bettiandassociates.com
President Trump signed S. 2152, the Amy Vicky & Andy Child Pornography Victim Assistance Act of 2018 (AVAA), ushering in major reforms for victims of child pornography and online exploitation.
The AVAA, which was introduced in three sessions of Congress before finally passing on November 15, 2018, also streamlines the process for obtaining restitution and includes other major reforms for victims of child pornography and online exploitation.
The new law S. 2152, the Amy Vicky & Andy Child Pornography Victim Assistance Act of 2018:
Expresses Congress’ recognition of the American Professional Society on the Abuse of Children’s statement that child pornography harms are “psychologically intertwined” to address the Galan decision’s disaggregation requirement.
- Courts must order restitution for victims of child pornography trafficking “in an amount that reflects the defendant’s relative role in the causal process that underlies the victim’s losses [the Paroline factors], but which is no less than $3,000.”
- Victims of child pornography trafficking are entitled to receive a onetime payment of $35,000 in defined monetary assistance which is indexed to inflation.
- Child pornography victims will enjoy equal rights with criminal defendants to review the child pornography depicting them at a government facility or court for the purposes of furnishing expert testimony.
- The “full amount of a victim’s losses” includes “costs incurred, or that are reasonably projected to be incurred in the future, by the victim, as a proximate result of the offenses involving the victim, and in the case of trafficking in child pornography offenses, as a proximate result of all trafficking in child pornography offenses involving the same victim” (encompassing a victim’s aggregate harm).
- Along with the standard categorical losses, victims can also receive restitution for “any other relevant losses incurred.”
- The court must assess defendants in child pornography cases to contribute to a newly established child pornography victims reserve fund.
- $10 million will be set aside annually, along with assessments paid into the reserve, to provide defined monetary assistance.
- Attorney’s fees in defined monetary assistance claims are capped at 15%.
The Department of Justice must deliver a report to Congress within two years after passage about the Act’s implementation including an assessment of the funding levels for the Child Pornography Victims Reserve.
Copyright 2018, b&a opinions.
–Michele M. Betti of the Law Offices of Betti & Associates is an advocate for survivors of childhood sexual abuse.
–If you have any information on any child sexual abuse in the United States or other child sexual abusers please immediately come forward and report their abuse to law enforcement
