Gowdy, Goodlatte, Jackson Lee Introduce Bill to Help Child Pornography Trafficking Victims

Washington, D.C. – Representative Trey Gowdy (R-S.C.), House Judiciary Committee Chairman Bob Goodlatte (R-Va.), and Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas) today introduced Justice for Child Victims Act of 2016 (H.R. 6440) to ensure child trafficking victims are able to seek and obtain the restitution that they need and deserve. Under current law, federal courts are required to award any child depicted in sexually explicit material restitution in “the full amount of the victim’s losses,” which can include medical services, physical or occupational therapy, and attorneys’ fees. However, the Supreme Court ruled in United States v. Paroline that an individual defendant who may have received, distributed, or possessed child pornography may not be held liable for a victim’s aggregate damages incurred by potentially thousands of others who have viewed her images, and that defendants may be made liable only for the harm caused by their own conduct, not the conduct of others. Because of the nature of the crime, child pornography trafficking victims are involved in countless cases across multiple jurisdictions and time. This means that in order to obtain restitution, a victim’s request must be presented in multiple cases across the country. Since the process is so lengthy and overwhelming, only about 20 out of the thousands of child pornography trafficking victims have sought restitution. The Justice for Child Victims Act remedies this problem by creating a compensation fund that is paid for by child pornography defendants as an alternative avenue for victims to obtain financial support for their losses. This simple, one-step alternative allows child pornography trafficking victims to quickly access financial support for their own recovery. Representative Gowdy, Chairman Goodlatte, and Crime Subcommittee Ranking Member Jackson Lee issued the statements below on the introduction of Justice for Child Victims Act. Rep. Gowdy: “Enforcing the rule of law and protecting human dignity through a fair justice system are among the chief responsibilities of Congress. Victims of child pornography endure severe trauma mentally, physically and emotionally. Ensuring they are able to obtain full restitution is the very least we can do to help them with the recovery process. “The Justice for Child Victims Act will ensure child pornography trafficking victims are fully compensated for their losses as they begin to recover. I thank Chairman Goodlatte and Representative Jackson Lee for their leadership on this legislation and their steadfast commitment to a fair and equal justice system.” Chairman Goodlatte: “The trafficking of child pornography is a serious crime and those who cause the most vulnerable among us pain and suffering deserve to be held accountable to the fullest extent of the law. Although no amount of money can ever take away the trauma these children have experienced, we must ensure that victims of child exploitation receive the full amount of their losses from the production and ongoing trafficking of their images. “The Justice for Child Victims Act creates a straight-forward and easily accessible compensation fund that provides child pornography victims the financial support they need and deserve. Protecting our nation’s children is a top priority for the House Judiciary Committee and we plan to move this bill in the new Congress.” Rep. Jackson Lee: “I’m pleased to cosponsor this important bill that will ensure the effective implementation of restitution to the victims of child pornography.  We must do all we can to make sure that offenders pay restitution to their victims and that we mitigate the suffering of the victims, whose victimization continues so long as the images continue to be shown.  This bipartisan bill adopts important suggestions by the Department of Justice and is based on their experience in enforcing the law.  Adoption of this legislation should be a top priority in the new Congress.”