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March 30, 2005
Child-pornography producer sentenced to 65 years in prison
MOTHERS SEEK CIVIL DAMAGES FOR GIRLS
An Ashland man will probably spend the rest of his life in prison for taking sexually suggestive pictures of young girls and sending those photos over the Internet.
And for years to come, John H. Estep also might be paying the three girls he abused.
Estep, 54, was sentenced yesterday by U.S. District Court Judge David L. Bunning to 65 years in prison in federal court in Ashland. The former U.S. Postal Service employee pleaded guilty to nine counts of child pornography, including producing, receiving, sending and possessing the material.
Now the mothers of the three girls Estep abused are suing him in federal court, using a little-known statute in the federal criminal code concerning minors and sexual abuse.
Title 18 of the U.S. Code Section 2255 provides a civil remedy for personal injuries suffered by minors who are victims of certain sexual exploitation crimes, said Roger Hall, an Ashland lawyer who is representing the mothers.
"The statute sets a minimum of $50,000 for damages," Hall said.
The lawsuit asks for $50,000 for each girl, as well as payment for costs associated with bringing the lawsuit. The lawsuit says the girls were subjected to some but not all of the following: "deviate sexual intercourse, attempted rape, attempted sexual contact by forcible compulsion, promotion of sexual performance by a minor and promotion of oral sex between minors."
The girls might need future counseling and other medical treat-ment as a result of the abuse, the lawsuit says.
"These girls could need counseling years in the future," Hall said.
According to the federal indictment, Estep took pictures of the 8-year-olds in sexual poses. Federal and state officials also found other child pornography on his computer.
In addition to the federal charges, Estep was charged in Boyd County state court on sodomy and rape charges in connection with all three girls. It is unclear whether state prosecutors will pursue the sexual abuse charges.
Regardless of what happens with the civil lawsuit, Estep might be paying restitution to each of the girls as part of his criminal sentence, a common practice in sex abuse cases. A May 2 hearing has been set in Ashland to determine how much he will pay each girl each year.
Assistant U.S. Attorney Mark Wohlander, who prosecuted Estep in federal court and prosecutes many sexual abuse cases, said the provision that allows minors who have been sexually abused to seek damages is underutilized.
"It's not used very often," Wohlander said. "I'm really surprised it's not."
The statute does not limit damages to future counseling or treatment. In short, the money could be used for anything, Wohlander said.
Estep could not be reached for comment. He resigned from his U.S. Postal Service job shortly after being arrested on the child pornography charges.
Posted by Nealus at March 30, 2005 12:41 PM
