Biden unveils child pornography legislation

Attorney General Joseph “Beau” Biden III unveiled new legislation Wednesday, March 10, that would extend financial liability to producers and possessors of child pornography.

Senate Bill 158 would entitle victims of child pornography to damages of at least $150,000. Under the bill, victims would be presumed injured, sparing them and their families the burden of proving specific damages in court. The bill also extends the statute of limitations to file a lawsuit from two to three years and permits the court to award attorney’s fees and costs to the victim.

The legislation, sponsored by Sen. Karen Peterson, D-Stanton, and Sen. Bethany Hall-Long, D-Newark South, is the second bill introduced this year regarding child sexual abuse.

The first, introduced by Rep. Pete Schwartzkopf, D-Rehoboth Beach, Rep. John Atkins, D-Millsboro and Rep. Helene Keeley, D-Wilmington South, allows victims of sexual abuse by their medical provider to file suit at any time.

Both bills come in light of the Dr. Earl Bradley sexual abuse case in Lewes. Bradley, who is awaiting arraignment, has been charged with 471 counts of rape and child exploitation involving 103 victims.

During its investigation, Delaware State Police recovered videos allegedly showing Bradley sexually abusing patients. “Child pornographers are child predators,” Biden said. “Over the past three years we have taken strong action to identify predators and hold them criminally accountable, with tough new minimum mandatory jail terms. Now we’re going to hold predators financially accountable. We know there are defendants who have financial resources, and this legislation gives victims and their families the clear legal right and opportunity to recover financially from defendants. I hope the Legislature passes this quickly, as it is one more effort to support victims along their healing process and to deter would-be predators.”

Peterson said, “Few things are more repugnant than exploiting children and using them in pornography. This bill won’t cure the damage that using children in such a way causes, but it is an important weapon in our battle against child pornographers because it will hit the people who make and view child porn in the wallet, and will reinforce our message that they aren’t welcome in Delaware.”

“I am proud to have been one of the lead sponsors of this bill and to help Delaware’s children and families who have been exploited by child pornography,” Hall-Long said. “While we can’t undo the trauma these families have had to face, we can ensure they are well served by our justice system, that those who create or circulate these images are held accountable and that we send a strong message to all that in Delaware, we work to protect our children in every way.”

While Bradley’s medical license has been revoked in Delaware and suspended in Pennsylvania, he still has active licenses in Florida and New Jersey. Jeff Lamm, public information officer with New Jersey’s Division of Consumer Affairs, said the New Jersey Board of Medical Examiners has been in contact with officials in Delaware and is aware of the charges against Bradley. Lamm said Bradley has an active license in New Jersey, but the board has determined Bradley did not have a practice location in New Jersey. Finally, Lamm said the board will determine whether to suspend or revoke Bradley’s license, but as of now, it remains active.

Eulinda Smith, deputy press secretary with the Florida Department of Health, confirmed Bradley’s Florida license is also active. Smith said there is no indication Bradley ever practiced in Florida; she could neither confirm nor deny any complaints against Bradley in Florida.

Back in Delaware, the Attorney General’s Office filed a motion for an order to release medical information regarding the Bradley case on Feb. 24. The information has been sealed by Sussex County Superior Court. Jason Miller, spokesman for the Department of Justice, said the department could not comment on the order. Parents of victims say they have not heard back from the department regarding the results of Bradley’s HIV test. The department has not commented on whether it has disclosed the results of the test.