A report from 2023 revealed that then-Attorney General Merrick Garland addressed Congress, stating that the challenges around child exploitation are rapidly increasing in scale and danger. It’s interesting, really; even amidst today’s divisive political landscape, there seems to be a shared commitment to protect children from exploitation across various political spectra.
Just after Child Abuse Awareness Month wrapped up in April, a coalition of grassroots groups sent a letter to Acting Attorney General Todd Blanche, urging for stronger leadership in this area.
Congress has passed several laws aimed at tackling child exploitation that include requirements for updates from the Justice Department. For instance, the 2008 Child Protection Act mandates that the Attorney General present a national strategy to combat child exploitation every six months, touching on about 24 specific areas. It’s kind of alarming, though, that many Attorneys General from both parties have struggled to meet these obligations. Out of the nine reports that were requested thus far, only three have actually been submitted, and none were on time. It seems like every Attorney General, from Eric Holder to Pam Bondi, has missed at least one deadline.
The Comptroller General highlighted this inadequate response in a 2022 report, pointing out that the strategy isn’t keeping up with major technological shifts that complicate the apprehension of offenders. The GAO noted that the Justice Department hasn’t prioritized this issue effectively.
This situation definitely needs to change. The number of children identified in child sexual abuse materials has skyrocketed—over nine times since Congress first focused on a national strategy—but only a tiny fraction of victims are ever actually identified.
Then there’s the pressing demand for leadership regarding technology. It’s certainly horrifying to think about the production of child pornography, but the distribution and possession of such material are what perpetuates the exploitative industry—especially with the internet facilitating these actions.
This so-called “contactless” crime landscape involves a shifting cast of individuals, most of whom remain anonymous and unpunished, but they all contribute to the ongoing victimization of children.
While federal law dictates that victims should receive the full extent of their losses, courts have increasingly applied this to possession cases of child pornography. As a result, over 90 percent of offenders don’t have to pay restitution, leaving victims to fight for small amounts individually. That’s often a daunting task for them.
In 2018, Congress came together to enact legislation proposed by Senator Orrin Hatch that aimed to tackle these crimes more effectively and offer better reparations for victims. This measure received backing from Attorneys General across all states and territories, which you’d think would mean something significant. Following its implementation, the number of defendants avoiding restitution has significantly decreased, and the median payment to victims has nearly tripled.
This new law also obligated the Attorney General to report to Congress about how the Justice Department is enforcing regulations and the financial status of the Victim Reparations Fund. However, this report, which was due back on December 7, 2020, has still not been submitted.
A recent letter to Acting Attorney General Blanche was backed by numerous organizations and leaders, including state legislators. The conclusion of the letter is striking.
More than four decades ago, in New York vs. Faber, the Supreme Court recognized that preventing child sexual exploitation and abuse is an essential governmental responsibility. Achieving that goal demands decisive leadership. Providing Congress with a comprehensive report that evaluates the crisis facing children—and what steps are necessary to tackle it—could convey that safeguarding children from exploitation is indeed a priority.
