Amy And Vicky Child Pornography Victim Restitution Improvement Act of 2015

Floor Speech

Date: Feb. 11, 2015
Location: Washington, DC

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Mr. SCHUMER. Mr. President, I rise today in support of the Amy and Vicky Child Pornography Victim Restitution Improvement Act, which my good friend Senator Orrin Hatch has requested a vote on this afternoon.

First, I thank Senator Hatch for his work on this important legislation. I was proud to work alongside him as the Democratic cosponsor of his bill, and he has been an absolute force in pushing this bill in the Judiciary Committee and to the floor today. We have had a great partnership and have worked on many things together, and I think I join every one of my 99 colleagues in telling the Senator from Utah how much respect we have for him.

Our bill does one important thing. It fixes a flaw in our restitution system for pornography victims. You see, in this day and age, victims of child pornography face ongoing harm every time a video or picture of them is shared and viewed on the Internet. As the Supreme Court explained about a victim:

These sexual abuse crimes are compounded by the distribution of images of her abuser's horrific acts, which meant the wrongs inflicted upon her were in effect repeated; for she knew her humiliation and hurt were and would be renewed into the future as an ever-increasing number of wrongdoers witnessed the crimes committed against her.

The horror of sexual abuse can be long lasting. It can constitute the loss of income, medical care, psychiatric counseling, and therapy. The victims of sexual abuse, therefore, are absolutely in the right to seek restitution from those evil criminals who perpetuate the original crime by sharing and viewing images of the crime.

A 2014 Supreme Court case, Paroline v. United States, placed a heavy burden on the child pornography victims trying to recover restitution. The tragic effect of the Supreme Court's decision in the Paroline case was this: The more widely viewed the pornographic image of a victim and the more offenders there are, the more difficult it is for the victim to recover for her anguish and her damages.

For the perpetrators of child pornography, there should not be safety in numbers.

Now, the bill that Senator Hatch has led on and I was proud to cosponsor rights this wrong. Our bill provides a method for these victims to seek restitution for the total harm they endured from this horrific victimization. Specifically, the Amy and Vicky Act does three things that reflect the nature of these crimes. First, it considers the total harm to the victim, including from individuals who may not yet have been identified. Second, it requires real and timely restitution. And, third, it allows defendants who have contributed to the same victims' harm to spread the restitution cost among themselves.

These specific changes are supported by the attorneys general of 43 States and countless national victim advocacy groups, such as the National Center for Missing and Exploited Children, and they have wide bipartisan support in the Senate.

Once again, I commend my colleague Senator Hatch for the great work he has done on this and other things.

As I said while he was not in the Chamber, I look forward to our working on many other causes together. He is a great leader and very well respected by me and all of his colleagues.

I urge my colleagues to pass this important measure to give more power to the victims of sexual abuse to seek redress, closure, and justice for the crimes--the dastardly crimes--committed against them.

I yield the floor.

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