Misty Series

The Misty Series consists of some of the most widely-downloaded child pornography images of all time, with a total of more than 35,000 downloads to date. The victim, whose alias is Amy, was subjected to painful oral and anal sex by her uncle for five years before he was arrested and imprisoned. Her case is the most thoroughly litigated child pornography restitution case of its kind.^[1] Downloading the images is a felony in the United States per 18 U.S.C. § 2252.

Restitution

Amy has received $170,000 in court-ordered restitution under the Adam Walsh Child Protection and Safety Act and Masha's Law from offenders charged in relation to the images. Judges in several states have agreed that not only those who commit sex acts against children are culpable, but also those who download the images. Since 1995, Amy has received more than 850 victim notifications from the government under the Victims of Crimes Act.^[2] Amy is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met. Her lawyer contends that each offender should be held liable for the full amount under joint and several liability. There has been some debate among law professors and judges as to whether the restitution is excessive and whether the link between possession and the harm done is too tenuous to reach the level of proximate harm generally required under the law for restitution.^[3] Her uncle was only ordered to pay restitution of $6,000, of which she was to receive $1,125.^[4]

References

1. ^ John Council (February 15, 2010), Case Highlights Problems for Child-Porn Victims Seeking Restitution, Texas Lawyer, http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202443241449&slreturn=1&hbxlogin=1 
2. ^ Susan Donaldson James, 'Misty Series' Haunts Girl Long After Rape, ABC News, http://abcnews.go.com/Health/internet-porn-misty-series-traumatizes-child-victim-pedophiles/story?id=9773590 
3. ^ John Schwartz (February 2, 2010), Child Pornography, and an Issue of Restitution, New York Times, http://www.nytimes.com/2010/02/03/us/03offender.html 
4. ^ Tim McGlone (October 25, 2009), Victim of child porn seeks damages from viewers, The Virginian-Pilot, http://hamptonroads.com/2009/10/victim-child-porn-seeks-damages-viewers