all points in the child pornography market (production, distribution, and possession) pay full
restitution to child pornography victims and for victims to recover the full amount of victims’
losses.215 Losses include any costs that the victim incurs for:
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys’ fees, as well as other costs incurred; and
(F) any other losses suffered by the victim as a proximate result of the offense.216
During this same time period, Congress further expanded the principle of mandatory
restitution by enacting the Mandatory Victims Restitution Act of 1996 (“MVRA”), a more
general restitution act that provided restitution for victims of crimes that cause monetary losses,
such as a loss of property, or for bodily injury to the victim.217 Mandatory restitution was part of a
comprehensive federal statutory framework that also included clear definitions and criminalizing
participation at every stage of the child pornography market.218
As part of this framework, the Crime Victims’ Rights Act (“CVRA”) was enacted in
2004 as part of the Justice for All Act.219 The CVRA was revolutionary in the fight for victims’
rights as it granted victims the ability to be present in court proceedings, the right to notice of
when such proceedings were occurring, and the right to be heard at these public hearings.220
However, perhaps most importantly, the CVRA reflected language set forth in the MVRA and
reemphasized that victims in federal criminal cases have the right to collect “full and timely
restitution” from offenders.221 However, the CVRA defines a victim as someone who is “directly
and proximately harmed as a result of the commission of a federal offense,” which is often very
difficult for child pornography victims to prove.222 Accordingly, although the CVRA was an
important part of the victims’ rights movements, child pornography victims still failed to obtain
meaningful restitution with its enactment.
In addition to restitution, Congress provided civil recovery options by enacting the Child
Abuse Victims’ Rights Act in 1986 (“CAVRA”).223 The Child Abuse Victims Rights Act allows a
child pornography victim, who suffers personal injury from a violation of § 2251 (sexual
exploitation of a child) or § 2252 (distribution or possession of child abuse images), to bring a
civil cause of action to recover the actual damages he or she sustained, the cost of the suit, and
reasonable attorney’s fees.224 The CAVRA presumed damages of no less than fifty thousand
dollars.225 Although this statute seemed like a promising option for victims, it remained largely
unused, and the first reported case to use this statute was in 2001, fifteen years after its
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215 Id. § 2259(b)(1) (“[T]his section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full
amount of the victim’s losses as determined by the court . . . .”).
216 Id. § 2259(b)(3).
217 Mandatory Victims Restitution Act of 1996, Pub. L. No. 104-132, § 204, 110 Stat. 1214 (1996) (codified as amended at 18 U.S.C.
§ 3663A (2012)).
218 See 18 U.S.C. §§ 2251–2260 (2012).
219 Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act, Pub. L. No. 108-405,
118 Stat. 2260 (2004) (codified as amended at 18 U.S.C. § 3771 (2012)).
220 18 U.S.C. § 3771(a)(1)–(8) (2012).
221 Id. § 3771(a)(6).
222 Id. § 3771(e).
223 Child Abuse Victims’ Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783 (1987).
