Prosecutors and lawyers nationwide have successfully sought restitution orders in child pornography cases under a provision in the 1994 Violence Against Women Act, which allows for such restitution. The law, however, has taken years to catch on.
“For about 20 years, it sat there basically unused, mostly because victims of child pornography only recently became aware that they were victims,” said New York attorney James Marsh, founder of the Children’s Law Center in Washington.
Marsh said restitution in child pornography cases has been a growing trend in recent years, although he didn’t have numbers. His law firm, for example, has collected more than $2 million in restitution from 100-plus defendants in child pornography cases.