Athens Review, Athens, Texas

In the News

April 24, 2014

B'boro man avoids porn payment

High court nixes $3.4M award to child porn victim

Washington — WASHINGTON (AP) — The Supreme Court on Wednesday rejected a plea to make it easier for victims of child pornography to collect money from people who view their images online, throwing out a nearly $3.4 million judgment in favor of a woman whose childhood rape has been widely seen on the Internet. Two dissenting justices said Congress should change the law to benefit victims.

The justices said in a 5-4 ruling that a 1994 federal law gives victims the right to seek restitution from offenders, but only to the extent that the victim's losses are tied to the offenders' actions. In this case, Doyle Randall Paroline was held liable by a federal appeals court for the entire amount of the woman's losses, though his computer contained just two images of her, among more than 150 illicit photographs.

The case involved a woman known in court papers by the pseudonym "Amy." Her losses for psychological care, lost income and attorneys' fees have been pegged at nearly $3.4 million, based on the ongoing Internet trade and viewing of images of her being raped by her uncle when she was 8 and 9 years old.

She said she was "surprised and confused" by the decision, according to a statement her lawyer posted online.

Justice Anthony Kennedy said for the court that the appellate judges went too far when they said that Paroline was responsible for all of the woman's losses, without determining how much harm he caused her. Kennedy said federal judges have to figure out the right amount, but he provided only "rough guideposts for determining an amount that fits the offense."

A federal judge now will work out what Paroline should pay the woman.

The ruling steered a middle ground between the woman's call for full restitution and Paroline's claim that there was no relationship between his conduct and the woman's losses, so that there should be no award of restitution. The case turned on the interpretation of the federal law granting restitution to victims of sex crimes, including child pornography.

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