Landmark Children’s Rights Case Now Before the Fifth Circuit
During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn) have been seeking restitution in federal courts throughout the country.
Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the “full amount of the victim’s losses.” 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, lost income, and occupational therapy.
Recently this issue has come to a head in the Fifth Circuit Court of Appeals in two cases, In re Amy Unknown, No. 09-41238, and United States v. Wright, No. 09-3125.
The Fifth Circuit has scheduled a rare rehearing en banc before 16 judges in these two cases on Thursday, May 3, 2012 in New Orleans.
Amy will argue that the Fifth Circuit should not read a general proximate cause requirement into the statute. At least four judges on the Court agree with her.
Both the Government and the defendants in these two consolidated cases believe that proximate cause is required and limits the availability and amount of restitution.
A decision in the case is expected by the end of the year.
For more information on this issue, visit https://www.childlaw.us/restitution/
Here are the briefs filed in the case:
SANDRA KAY LAMOTHE
April 25, 2012 (4:17 pm)
??? I HAVE BEEN SEXUALLY ABUSED SINCE AGE 2 BY FAMILY MEMBERS, IN MANY STATES, THAN STEP FATHER WHO NOW DIED, A STATE HOSP, MY MERMORY WAS NOT FULL ABOUT THAT UNTIL 2011 BUT REMBERED SOME OF THE THINGS WAS NOT SURE OF THE ABUSE, FULLY THAN BY A MENTAL COUNSLOR WAS REPORTED NOTHING DONE THE ROSWELL POLICE DEPTEMENT LET A WORKER KNOW THEY WERE COMING TO HIS TRAILER TO CHECK IT OUT HE HAD A FREIND GO CHANGE THINGS BEFORE THEY GOT THEIR….SO NOTHING WAS WHAT I HAD SAID IT WAS VERY SMART. THAN A ROSWELL POLICE DECTIVE FOR A BLOW JOB IT WAS REPORTED THEY SAID THAT HE WOULD NEVER WORK FOR THE CITY AGAIN FOUND OUT YEARS LATER HE JUST RETIRED FROM THE FIREDEPARTMENT AND RUNNING FOR JUDGE, I KNOW HE WAS WITH FIREDEPARTMENT BECAUSE I HAD A CAR FIRE BUT I DID NOT KNOW HE WAS WORKING FOR PAY OR THE CHEIF. I GOT A LAWYER IN ABLUQ, NM FOR A LITTLE OVER A YEAR AFTER THAT I TOLD HER NO SETTLING OUT OF COURT HOWEVER SHE AGREED THEN DROPED ME FOR OVER LOAD CASE LOAD THAN I COULD NOT FIND ANYONE ELSE I TRIED. GOT TOLD MY CIVIL RIGHTS WAS VOL….BUT COULD FIND NO LAWYER THAT WOULD SPENT THAT MUCH TIME IN COURT OF APPLIES FOR ME……THE DA WHEN MY LAWYER ASKED HIM TO ARREST HIM FOR THE RAPE CRIMMIAL SAID TO ME I COULD BUT IT WOULD BE ABUSING MY AUTIOU….I SAID WHAT DID HE DO TO ME WITH HIS GUN, AND BADGE, AND DEMANDED A BLOW JOB, THEN SAID IF I SAID ANYTHING HE WOULD FAME ME FOR THE STORE ROBBERY AND SENT ME TO PRISION, PLUS TAKE MY TWO BOYS AWAY FROM ME THAT I WAS ONLY A DRUNK HE WAS A COP WHO DO YOU THINK THEY WOULD BELEIVE. THIS GUY IS STILL A JUDGE. I TRIED AND TRIED TO GET HELP FROM LAWYERS, IN MANY PLACES, GOT NO WHERE EXPECT WE BELEIVE YOU AND WE ARE SORRY BUT…..I NEVER TRIED FOR THE STATE HOSP AS I SAID I KNOW I WAS ABUSED BUT COULD NOT REMBER ALL DETAILS VERY CLEAR. THE DAMAGE THAT HAS BEEN DONE IS NAMELESS…..EMOTIONAL, MENTAL, IN LIFE, WITH MY CHILDREN, MARRIAGES, FREINDS,……I EVEN TRIED IN STATE OF NM, TX, SO ON TO GET MY MOM, AND STEP DAD ARRESTED FOR SEXUALLY ABUSE MY MOM FOR LETTING IT HAPPENING, I HAD ONE CASE MANGER IN LAS CRUCUS, NM TRY TO GET TALK SHOWS, NEWS PAPERS, TV STATIONS TO HEAR MY STORY NO ANSWER OR I AM SORRY……….I KEEP GETTING TOLD ALSO THIS LIMIT OF LIMITNESS YET READ ABOUT 40 OR 50 YEAR OLDS SUEING PEOPLE THAT ABUSED THEM WHEN THEY WERE A CHILD, TEEN, OR IN 20’S….I HAVE NO MONEY I AM ONLY A PERSON THAT HAS BEEN DAMAGED ABUSED AND A STORY TO TELL ABOUT ABUSE NO AMOUNT OF MONEY CAN CHANGE IT BUT THE LAWS SHOULD BE CHANGED SO DOCTORS, PARENTS, COUNSOLS, COPS, CAN NOT KEEP GETTING AWAY WITH THIS.
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