Freeman Lewis LLP partnered with Marsh Law Firm PLLC to file a lawsuit today on behalf of a victim of child pornography seeking damages from a defendant who was convicted of transporting child pornography in violation of federal criminal law. The civil lawsuit, “Amy” v. Joshua Osmun Kennedy, was filed in the federal district court for the Western District of Washington.
The civil complaint seeks compensatory and punitive damages, as well as costs and attorneys’ fees under 18 U.S.C. § 2255 (Masha’s Law) and 18 U.S.C. § 2252A. Click here to see a copy of the complaint.
To protect the victim’s privacy, a motion was filed to permit the plaintiff to proceed under the pseudonym “Amy”. A motion was also filed seeking pre-judgment attachment of the defendant’s property to prevent the dissipation of the defendant’s assets.
During the defendant’s criminal trial, a forensic expert testified that the defendant had viewed and accumulated over 5,000 images of child pornography during a two-year period when the defendant frequently accessed websites containing child pornography. After his conviction, the defendant wrote a letter to the judge confessing: “I am horrified that I helped perpetrate a market for child abuse”; “I feel horrible for what was done to these kids”; “I…accept responsibility for the crime I committed”; “I fully support all of the laws that protect children;” and “There is no doubt that I deserve punishment.”
Utilizing a rarely used federal statute known as Masha’s Law, which the Marsh Law Firm helped draft, this lawsuit is the first in a series of lawsuits designed to disrupt and frustrate the growing market for child sex abuse images and videos by making those who deal in this material liable to the victims of this terrible crime. Freeman Lewis is among the few law firms in the country using this groundbreaking approach to help child crime victims obtain civil justice. The intersection of criminal law, federal civil statutory remedies, copyright and criminal restitution makes this a challenging and unique area of the law requiring skilled litigators and creative thinkers. The lawyers at Freeman Lewis and the Marsh Law Firm have the experience and skills necessary to make Masha’s Law an effective civil remedy for victims like Amy.
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