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.     

Age of Consent

SUMMARY

Age of Consent throughout history has usually coincided with the age of puberty although at sometimes it has been as early as seven. Early on age of consent was a familial or tribal matter and only became a legal one in the Greco-Roman period. The Roman tradition served as the base for Christian Europe as well as the Christian Church itself which generally, essentially based upon biological development, set it at 12 or 14 but continued to set the absolute minimum at seven. In the past century there has been a tendency to raise the age of consent but the reasons for the change have not always been clear and the issue has been further complicated by the reluctance of many contemporary historians to recognize what the actual age of consent in the past has been. This failure has distorted the importance of biology on age of consent in the past.     

The 17-Year-Old Child

SUMMARY

Recently enacted EU-legislation will affect interferences with the sexual life of adolescents across Europe in an intensity so far not known in any of the European states. The “Framework-Directive on combating sexual exploitation of children and child-pornography” will oblige all member States of the European Union to create extensive offences of “child”-pornography and “child”-prostitution, defining as “child” every person up to 18 years of age, without differentiating between five-year-old children and 17-year-old juveniles. These offences go far beyond combating child pornography and child prostitution, thus making a wide variety of adolescent sexual behaviour, hitherto completely legal in the overwhelming majority of jurisdictions in Europe, serious crimes; for instance: sex between 16-year-olds for “remuneration”, which includes invitations to cinema or to a dinner; “lascivious” drawings of a 17-year-old girl possessed by a 15-year-old boy; photographs of a 16 year-old girl in her bikini “lasciviously” exposing her pubic area, taken by her 17-year-old boyfriend on the beach; standard pornography involving younger looking 20-year-old adults or “webcam-sex” between 17-year-old-adolescents; even pictures of one's own adult spouse in “lascivious” poses, if this spouse looks younger than 18. No European jurisdiction so far has such a restrictive law. The massive criminalisation and the equation of adolescents with children caused heavy criticisms among experts but this criticism could not prevent the project from becoming law. This essay provides an analysis of the background, the legislative process and the content of the EU-Framework-Decision.     

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.     

Living in Freedom and Hope: Editors' Introduction

Have radical discourses about children's sexual liberation/empowerment become normative technologies of neoliberal governmentality? How do we see sexualised representations of girls and what does the sexualised child look like? A contemporary consensus between media narratives and radical cultural critiques about the dangerous intolerance of child sexual abuse (CSA) moral panics suggests that the CSA moral panic discourse is caught up in the neoliberal “regulation of intolerance” (Brown 2006) through the governance of the gaze. Focusing on the 2008 Australian media event that erupted over Bill Henson's “art” photographs of naked girls, this article analyses how a perception that the images sexualised children was governed by experts as a reactionary and perverse CSA moral panic gaze. I argue that this form of governance depends on the exclusion of the political gaze of the survivor, a gaze that has been vital to a feminist critique of hetero-normative paedophilia. Re-claiming an affective feminist gaze involves thinking beyond the upwardly mobile discourse of CSA moral panic and through the occluded question of the sexual politics of paedophilia.     

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.     

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.