Internet crime
SCRANTON - Images of the 10-year-old girl being raped and sodomized by her father have been on the Internet for at least a decade, viewed, it’s estimated, by thousands who collect child pornography.
Known as the "Vicky" series, the videos are among the most widely viewed and shared child pornography images on the Internet, according to law enforcement.
For the child depicted in the videos, the sexual abuse ended after she reported it to authorities, eventually leading to the arrest and conviction of her father, who also admitted to posting the images online.
But the emotional trauma has never ended for the victim, now a woman in her 20s, said Carol Hepburn, a Seattle attorney who represents the woman in her continued quest to seek justice, not just from her abuser, but the sexual deviants who viewed her images.
"Vicky," a pseudonym used to protect her privacy, is among several child pornography victims who have begun seeking restitution for their suffering from defendants convicted of possessing their images.
It’s a novel legal concept that has led to conflicting rulings across the nation as federal judges grapple with competing interpretations of federal regulations regarding restitution.
Hepburn and James Marsh, a New York attorney who represents a victim in another popular child pornography collection, known as the "Misty" series, have filed dozens of requests for restitution against child pornography defendants nationwide, including several defendants who were prosecuted in the Middle District of Pennsylvania.
In April, attorneys for Bradley Hoppy, a Sugarloaf Township man who was sentenced to more than 10 years in prison for his guilty plea to child pornography charges, agreed to a $5,000 settlement of a restitution claim "Vicky" filed against their client.
There have been at least two other cases in the Middle District within the past year in which a judge ordered child pornography defendants to pay restitution.
In December, U.S. District Judge John Jones ruled that the victim in the "Misty" series, who was sexually abused by an uncle at age 8, was entitled to restitution from Michael Brown of Lebanon County. In March, U.S. District Judge Christopher Connor also ordered Ronald Barkley of Harrisburg to pay damages to the "Misty" victim.
Federal judges in other states have split on the issue. The "Misty" victim has sought restitution in 22 cases nationwide, according to court papers filed by the U.S. Attorney’s office in Brown’s case. Of those, 15 have been granted and seven have been denied.
Hepburn said there is little disagreement that the victims depicted in the images suffered harm. The dispute centers on whether the defendants who viewed the images were the proximate cause of that harm and, if so, how to calculate the amount they owe the victims.
Federal law allows victims of sexual assault to seek compensation for their suffering, provided they can show some nexus between their injury and the act committed by the defendant. It’s only recently that victims depicted in child pornography have sought redress under the law.
"It was out of a sense of justice and saying ‘This isn’t right,’" Hepburn said. "People should not be able to download and look at these horrific images without consequences."
Brown’s attorney, John Bonner of Williamsport, argued against a restitution order, noting Brown was among many who had viewed the images. The victim, he said, had failed to show how her specific losses were directly tied to Brown’s possession of the images.
"The losses described are generalized and caused by the idea of the images being publicly viewed rather than caused by this defendant having viewed the images," Bonner said in court papers.
But Hepburn said the fact that many people have viewed the images does not diminish the role each individual played in causing the harm.
"That’s like saying that because everyone is responsible, no one is responsible," Hepburn said in a recent interview. "If you have a gang rape, because so many took part in it, can you say no one individual did this? Do we let everyone go free because they were part of a group? I don’t think so."
Hepburn said "Vicky" has suffered terribly, first from the trauma of the abuse, and now from the knowledge that thousands of people continue to view the assaults.
"Vicky’s" father pleaded guilty in 2008 to sexual assault and child pornography charges and was sentenced in March 2009 to 50 years in prison. That provided some resolution for her, Hepburn said. But she’ll never have complete closure as long as the images are out there.
"Her father is in jail. She has peace knowing he will never hurt her or any other child again," Hepburn said. "She can close the door of that part of her life, but there is no end for the images on the Internet."
In both the "Vicky" and "Misty" cases, Hepburn and Marsh have sought damages for the emotional trauma, as well as the cost of past and future counseling and lost wages the women have suffered due to their difficulties in overcoming the trauma to establish a normal life. The amount of the awards has varied greatly, from nominal amounts to hundreds of thousands of dollars.
In the Brown and Barkley cases, the judges ordered hearings to determine the amount of restitution that is owed. Barkley’s hearing is scheduled for June 17 in Harrisburg. Brown opted to forgo a hearing and agreed to settle the restitution claim for $5,000.
How much of the money the victims will ever collect on those or other awards remains a question.
Hepburn said collecting on the awards she has attained has proven difficult as many of the defendants are indigent. She declined to say specifically how much "Vicky" has received, but said it’s in the tens of thousands of dollars.
Regardless of whether she collects a dime, Hepburn said the restitution orders have helped "Vicky" in her emotional recovery.
"A person in a position of authority has recognized she has been harmed and the defendant played a part in that harm. That’s really reaffirming for her," she said.
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