In when she was 9, the sexual abuse stopped and her uncle was arrested and imprisoned, but for more than a decade photos of the little girl have circulated on the Internet in some of the most widely distributed child pornography of all time -- "the Misty series. But not every jurisdiction agrees with the heavy court-ordered payments for those who view such images. Some judges have said restitution goes too far in punishing pedophiles whose only crime is to view photos, but Amy's lawyer, James Marsh , disagrees, saying the brutality in the "secret society" of child pornography requires tough measures. Marsh is now seeking restitution in cases that involve photos of Amy, through automated filings to the United States attorneys handling the cases. In , Marsh helped update a federal law that gives victims the right to sue anyone who produces, distributes or possess their child sex abuse images. So-called " Masha's Law " came out of a case of a Russian orphan girl, known as Masha Allen , who was targeted by a sophisticated child pedophile network. Her American adoptive father raped and sexually abused her for six years and distributed hundreds of images on the Internet. At the time, Marsh testified in Congress that social networking sites like MySpace and YouTube, as well as camera-enabled cell phones have "enabled and facilitated" child trafficking and the commercialization and distribution of child pornography. Amy first became aware of the photos in , when she began receiving victim notifications from government - now up to in all - which were mandated by the Victims of Crime Act.
Masha's Law Allows Victims to Seek Damages
These examinations often involve doctors or other medical personnel forcibly inserting their fingers, and sometimes other objects, into the anus of the accused. Law enforcement officials and some medical personnel claim that by doing so they can determine the tone of the anal sphincter or the shape of the anus and draw conclusions as to whether or not the accused person has engaged in homosexual conduct. This argument is based on long-discredited 19 th century science: the overwhelming weight of medical and scientific opinion holds that it is impossible to use these exams to determine whether a person has regularly engaged in same-sex conduct. Forced anal examinations are a form of cruel, degrading, and inhuman treatment that can rise to the level of torture. Forced anal exams are invasive, intrusive, and profoundly humiliating. Countries around the world should ban the practice of conducting forced anal examinations on men and transgender women accused of consensual same-sex conduct. Some people subjected to these examinations experience lasting psychological trauma.
UN Panel Condemns Forced Anal Exams
Contact Press. Two main practices constitute forced genital examinations, namely virginity testing and forced anal examinations. Other genital examinations are addressed in a separate factsheet on invasive body searches. The factsheets do not pertain to consensual medical examinations following claims of sexual assault or rape. It may also include examination of other features of the genitalia such as the colour of the labia and the dryness of the vagina 2. A recent systematic review on the medical utility of virginity testing by hymen examination concluded that this practice neither accurately nor reliably determines virginity 3. These signs include dilatation of the anal orifice and the presence of ulcerations or lesions, supposedly left by sex with another man.
Citation: Cichowitz C, Rubenstein L, Beyrer C Forced anal examinations to ascertain sexual orientation and sexual behavior: An abusive and medically unsound practice. PLoS Med 15 3 : e This is an open access article distributed under the terms of the Creative Commons Attribution License , which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. In October of , the Tanzanian government forced the closure of internationally supported HIV testing and treatment centers designed to serve key populations, including sex workers and men who have sex with men MSM [ 1 ]. This controversial decision and the larger ongoing government crackdown on lesbian, gay, bisexual, and transgender LGBT communities in Tanzania have garnered the attention of public health officials and international journalists, who have expressed concerns about their health ramifications and associated human rights violations [ 2 — 4 ]. It has been reported that Tanzanian physicians, under the direction of law enforcement, have subjected men accused of same-sex behavior to forced anal examination in order to determine their sexual orientation [ 4 , 5 ]. One victim described being arrested at a birthday celebration and taken to a hospital, where a doctor performed an anal examination in front of a police officer that left the man feeling as if he had been raped [ 4 ].