14 to 18 Year Olds as “Children” by Law?

SUMMARY

The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision.

Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world.

Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at least serious curtailment of their claims arising from the fact that they have fundamental rights depending on personality and age; and the Council Framework Decision contradicts the equality guarantees in primary law of the European Union that they must not be discriminated on the grounds of age.     

Sexual Consent

SUMMARY

What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of, and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual (“age of consent”, “minimum age”)? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., “seduction”, “corruption”)? Should sexual contacts with minors within a relationship of authority be criminalized generally or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these important questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached in this area.

This analysis will provide an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It will show which categories of offenses exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. It turns out that all states in Europe and all of the studied jurisdictions overseas do have minimum age limits for sexual relations, do punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in two-thirds with 15-year-olds; in a majority, this is also the case when the older partner has started the initiative (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from the age of 16 onwards. Nearly all European jurisdictions set the same age limit in the criminal law for depicting sexual activity as for the sexual activity itself. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused the age limit in most jurisdictions is set between 14 and 16; if it is misused between 16 and 18. Most states make no difference between heterosexual and homosexual relations.     

Sexuality,Adolescence and the Criminal Law

SUMMARY

The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.     

Adolescence,Sexual Aggression and the Criminal Law

SUMMARY

Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.     

Pornography and the Organization of Intrafamilial and Extrafamilial Child Sexual Abuse: Developing a Conceptual Model

This paper uses a case study (the experience of having been sexually abused as a child) and a review of the relevant literature as the basis for developing a conceptual model of the relationship between intrafamilial and extrafamilial child sexual abuse and child sexual exploitation, and the role of adult and child pornography in it. The paper illustrates some of the characteristics and effects of pornography and child sexual abuse including: gender; intra- and intergenerational patterns of victimization; coercion and compliance; the sexualization of the child; pornography and prostitution; and the function of incest as a form of pimping for the perpetrator and as grooming for extrafamilial abuse. It also illustrates the way in which pornography is a part of all forms of intrafamilial and extrafamilial abuse and is itself a form of organized abuse. © 1997 John Wiley & Sons, Ltd.     

Prostitution of Young Persons

SUMMARY

Juvenile prostitution in the German welfare work is being interpreted as a peculiar behaviour which cannot be influenced by criminal law but by psychodynamic and social condition factors and motives. The public prostitution of adolescents largely takes place unaffected by criminal persecution. In view of the legislation in Germany, the regulations of criminal law have not had any decisive influence at juvenile prostitution. In Germany there exists a sufficient protection of children and adolescents. The current discussion about the expansion of the childhood definition of young people up to 18 years, and a de-legalization of agreed sexual actions between people under and over 18 years ignores a typical juvenile behaviour. A change in the situation of life of juvenile prostitutes by a legal intensification, as well as a change in behaviour through an anonymous sanction system like that of legislation, cannot be expected.     

Commercial and sexual exploitation of children and young people in the UK—a review

This paper reviews recent information and data relevant to the commercial sexual exploitation of children and young people in the UK. Three main aspects of exploitation are addressed: abuse through prostitution; abuse through pornography; and the trafficking of children and young people to and through the UK for the purposes of commercial sexual exploitation. Most published research in this area relates to young people exploited through prostitution. The review explores the range of vulnerability factors, the processes used to engage young people in prostitution and the types of support strategies for those being exploited. Rather less information is currently available on the scale of child pornography, or the links between the use of pornography and other forms of sexual abuse. The internet as a modern technology for proliferating child pornography is discussed, alongside its role in providing opportunities for paedophiles to access and ‘groom’ children for sexual purposes. Finally, the review provides a summary of research on trafficking of children to and through the UK for the purposes of commercial sexual exploitation and demonstrates the limited knowledge about this topic. Copyright © 2005 John Wiley & Sons, Ltd.     

Demographic and Personality Characteristics of Internet Child Pornography Downloaders in Comparison to Other Offenders

This research study was conducted to map out the demographic and psychological aspects of Internet child pornography offenders. The backgrounds, characteristics, and MMPI profiles of 22 Internet child pornography offenders were statistically compared to those of 112 perpetrators of other offenses. In comparison to the other sexual offenders, the Internet child pornography offenders turned out to be significantly younger on average, were single and lived alone in most cases, and more often appeared to have no children of their own. It should be noted that the variables of age, being single, living alone, and not having children are associated to one another. Furthermore, no specific MMPI profile was found for Internet child pornography offenders compared to other sexual offenders.     

Incest,paedophilia, pornography and prostitution: making familial males more visible as the abusers

In this paper I return to the survivor case study and sex offender data I used in my paper on conceptual models of the relationship between pornography and child sexual abuse in Child Abuse Review in 1997. Here I use them to show how paedophile typologies and sex offender classifications contribute to constructing the invisibility of the normal, ordinary, heterosexual family men who sexually abuse their own and other people's children on a very substantial scale. I also use it as the basis for developing a typology which constructs the connections between incest, paedophilia, pornography and prostitution in the form of a ‘Continuum typology of child sexual abuse and the characteristics of child sexual abusers’, and captures the crossover of victims and perpetrators and the overlap of intrafamilial and extrafamilial child sexual abuse and exploitation. This, in turn, becomes the basis for constructing a ‘Nosology of child sexual abuse classification’ which genders the abusers and takes account of both the overlap and the dominant discourse currently of policing and policy, in which ‘paedophilia’ and ‘child sex offending’ have become synonymous, and incest abusers are invisible. Copyright © 2001 John Wiley & Sons, Ltd.     

Safeguarding young people from cyber pornography and cyber sexual predation: a major dilemma of the internet

Over the past 20 years, the internet has provided an expedient mode of communication and access to a wealth of information. The internet is a valuable tool; however, it can also be detrimental to the wellbeing of children due to numerous online hazards. There is the potential for children to be abused via cyberspace through online sexual solicitation and access to pornography. Indeed, the internet is replete with inappropriate material, including pornography, chatrooms with adult themes and access to instant messaging wherein others could misrepresent themselves. Because children are actively utilizing the internet where unknown others can have access to them or where they can be exposed to inappropriate sexual materials, they require safeguarding and education in safe internet use. The purpose of this article is to provide a discussion of how to safeguard children from and educate them about online sexual solicitation and pornography. We contend that society needs an overall conceptual shift in its attitude towards young people's internet use. Copyright © 2007 John Wiley & Sons, Ltd.     

Child Sexual Abuse Intervention: An Exploratory Study of Policy Concerns and Implications for Program Development

ABSTRACT

This exploratory study was designed to determine public opinion regarding intervention options for intrafamilial child sexual abuse offenders, victims, and families. The study investigated the public's willingness to support strategies of victim protection, offender control, and treatment services in various types of child sexual abuse intervention strategies. The respondents to the statewide survey generally supported established, adversarial intervention strategies, and had mixed reactions lo several of the diversion program strategies. The findings suggest that policy makers may have to compromise lo obtain public support when designing and implementing intervention programs for intrafamilial child sexual abuse. The article addresses policy issues and concludes with implications for program development.     

Prevalence of Sexual Trauma History Using Behaviorally Specific Methods of Assessment in First Year College Students

There are several challenges associated with evaluating the prevalence of sexual trauma, including child sexual abuse and adult sexual assault. The aim of this study was to assess sexual trauma prevalence rates among first year college students (N = 954) using behaviorally specific questions and a more representative recruitment sample that did not rely on self-selection. Participants completed a list of sexual trauma questions, including general questions containing labels such as “rape” or “abuse” as well as behaviorally specific questions that describe specific behaviors that qualify as sexual trauma without labels. Results indicated that 6.7% of the sample reported at least one incident of child sexual abuse, with similar rates for men and women. Women were more likely to report a history of adult sexual assault, which was reported by 12.4% of the total sample. Participants were also more likely to endorse a history of sexual trauma when answering behaviorally specific rather than general “label” questions. Women survivors in particular were more likely than men to identify their experiences as abuse/assault (66.7% versus 21.1% for child sexual abuse), which may help explain prevalence differences between men and women in prior research. Men may be less likely than women to label their experiences as abuse and may be underidentified in sexual trauma research without the use of behaviorally specific questions. Overall, the results of this study suggest that the prevalence of sexual trauma is better assessed using behaviorally specific questions and that this is an important topic of study among both men and women.     

Barriers to Utilization of Mental Health Services amongst Male Child Sexual Abuse Survivors: Service Providers’ Perspective

ABSTRACT

Most research on child sexual abuse has been on survivors to the exclusion of service providers. This paper focuses on one group of findings from a larger qualitative study. The aim of the paper is to identify existing services and highlight the gaps in the current programs available for male CSA survivors from the perspective of service providers. Semi-structured interviews were conducted with 11 mental health service providers, recruited from two Southern and Central Ontario cities. Findings presented here report service providers’ perspective of gaps in services for male CSA survivors. “Limited Male CSA Programs”, “Institutional Barriers”, “Attitudinal Barriers”, and “Systemic Gaps” emerged as four major themes from the data analysis. Findings demonstrate the need to re-evaluate currently available service and highlights gaps in mental health service available for male CSA survivors. Implications for policy, practice, and research are discussed.     

Children’s Knowledge of Genital Anatomy and Its Relationship With Children’s Use of the Word “Inside” During Questioning About Possible Sexual Abuse

ABSTRACT

This study was designed to examine the relationship between children’s understanding of their genital anatomy and their use of the word “inside” in response to questions about genital touch during a forensic medical examination. This study involved a secondary data analysis of 674 records of children at a sexual abuse clinic in a large city in a southern state. Data were analyzed using contingency table, binary logistic, and multinomial logistic regression analysis methods. An association between children’s understanding of genital anatomy and their use of the word “inside” to describe genital touch was found. Children’s age and development contributes to their overall understanding of genital anatomy, and their knowledge of genital anatomy appears to influence how they answer questions regarding genital touch. This finding could play an important role in sexual abuse cases in states where the definition of rape includes penetration of any bodily opening, including labial penetration.     

Adolescent American Sex

SUMMARY

Though there has been a decline in the percentage of sexually active high school students in the past decade in the United States, the rate of adolescents engaging in sexual behavior leading to orgasm has actually increased. Such orgasms are achieved without penetration and penetration is how most American adolescents define sex. Most adolescent sex also occurs within intimate relationships with partners at or near their own age but definitions of what constitutes intimacy is different than in the past. Sexuality is very important in the life of adolescents in the United States, and sexual activity broadly defined begins fairly early among teenagers although actual sexual intercourse usually takes place much later.     

Mitigating Harm: Considering Harm Reduction Principles in Work with Sexually Exploited Young People

A growing awareness of child sexual exploitation (CSE) in the United Kingdom and throughout the world has prompted human service and legal/policy professionals to seek ways of engaging young people experiencing sexual exploitation, although much remains unknown regarding effective practice, and whether or not current knowledge regarding best practices with young people can be expanded to address CSE. This paper considers how principles of harm reduction, a public health approach widely used to engage adults and young people in help‐seeking behaviours, can be considered as part of a children's rights‐centred approach to policy and practice with young people experiencing CSE.