VWPAVictim and Witness Protection Act of 1982 (United States)
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This was a change from the VWPA, which allowed a court to decline ordering restitution based on a defendant's indigency.
Ferber, (67) a case decided in 1982, the same year as the VWPA became law, the panel concluded that "like the producers and distributors of child pornography, the possessors of child pornography victimize the children depicted within" by "enabl[ing] and support[ing] the continued production of child pornography," "provid[ing] the economic incentive for the creation and distribution of the pornography," and "violat[ing] the child's privacy by possessing the image.
36) The court also relied heavily on a contextual interpretation of [section] 2259, arguing [section] 2259 provides greater protection for victims than do the VWPA or MVRA, and therefore, a narrow interpretation of its proximate causation requirement would be "contrary to the purposes of restitution under [section] 2259.
The court held that the sums expended by the left-behind mother in trying to recover her children from Germany under the AC proceedings were direct losses within the VWPA.
An additional provision of the VWPA prevented the defendant from "denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding brought .