Child sexual abuse in Canada

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The article covers child sexual abuse in Canada, a form of child abuse in which an adult or older adolescent uses engages in sexual act(s) with a child. [1] [2]

Contents

Previous statistics have shown that about a third of girls and one sixth of boys are victims of sexual assault in Canada. [3] In 2016, results from a national representative survey indicated that the sexual abuse of children has been declining in Canada since the early 1990s. [4]

In Canada, child sexual offences also include the access and use of child pornography, since the use of these materials indirectly harms a child. Child pornographic offences are considered child sexual abuse, since its production involves direct sexual abuse of a child. The criminal justice system has been transitioning the term of child pornography to "child sexual abuse materials" and/or "child sexual exploitation materials" as these terms essentially underline the fact that children are being sexually abused. By contrast, "child pornography" has an underlying tone that these materials are erotic and are intentionally used for sexual arousal purposes.

Prevention

In prompt response to this issue, several prevention initiatives have taken place:

Penalties for child sexual abuse

The Criminal Code indicates that the following charges are considered hands-on sexual offences: Sexual interference on persons under age 16, sexual assault on persons under age 16, and invitation to sexual touching. Child pornography-related offences under the Criminal Code include: Making child pornography, Make available/distribute child pornography, Access child pornography, and Possession of child pornography. In addition, offenders might be placed on the Section 161 order, which restricts interactions with minors (age 16 and below). Offenders might also be placed on the Sexual Offender Registry for either 5 years, 10 years, or a lifetime.

Those who have been convicted of these offences might have the option of serving weekend sentences while getting treatment for their problematic sexual interests and/or behaviors. Currently, Canada does not have any public/community notification laws.[ dubious ] Many studies have shown that there is no empirical support that public notification laws are effective at preventing sexual re-offences. [5] In fact, research has shown that public notification laws might present more problems than help. [6] There have been emerging studies that show treatment efforts may be more effective at reducing sexual re-offences.

See also

Related Research Articles

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage, and are close in age.

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape, or the torture of the person in a sexual manner.

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

Child grooming is befriending and establishing an emotional connection with a minor, and sometimes the child's family, to lower the child's inhibitions with the objective of sexual abuse. Child grooming is also regularly used to lure minors into various illicit businesses such as child trafficking, child prostitution, cybersex trafficking, or the production of child pornography.

Pedophilia is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty at age 10 or 11, and boys at age 11 or 12, criteria for pedophilia extend the cut-off point for prepubescence to age 13. A person must be at least 16 years old, and at least five years older than the prepubescent child, for the attraction to be diagnosed as pedophilia.

Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assault against a small child, whereas sexual abuse is a term used for a persistent pattern of sexual assaults.

Laws against child sexual abuse vary by country based on the local definition of who a child is and what constitutes child sexual abuse. Most countries in the world employ some form of age of consent, with sexual contact with an underage person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a minor below the legal age of consent may sometimes be referred to as statutory rape, based on the principle that any apparent consent by a minor could not be considered legal consent.

Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child, indecent exposure, child grooming, and child sexual exploitation, such as using a child to produce child pornography.

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.

A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include restrictions on being in the presence of underage persons, living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, Israel, and the Republic of Ireland. The United States and United Kingdom are the only countries with a registry that is publicly accessible; all other countries in the English-speaking world have sex offender registries only accessible by law enforcement.

An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech.

Child pornography laws in the United States specify that child pornography is illegal under federal law and in all states and is punishable by up to 20 years' imprisonment or a fine of $5000. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.

A range of research has been conducted examining the link between viewing child pornography and perpetration of child sexual abuse, and much disagreement persists regarding whether a causal connection has been established. Perspectives fall into one of three positions:

Human trafficking in Canada is prohibited by law, and is considered a criminal offence whether it occurs entirely within Canada or involves the "transporting of persons across Canadian borders. Public Safety Canada (PSC) defines human trafficking as "the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery."

Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal. Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.

Child pornography is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a child or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography. Child pornography may use a variety of mediums, including writings, magazines, photos, sculpture, drawing, painting, animation, sound recording, video, and video games. Child pornography may be created for profit or other reasons.

The Prevention Project Dunkelfeld (PPD) is an effort founded in Germany to provide clinical and support services to individuals who are sexually attracted to children and want help controlling their sexual urges, but are otherwise unknown to the legal authorities. The term "Dunkelfeld" is German for "dark field". The project began in Berlin in June 2005 with a large media campaign to contact pedophiles and hebephiles who wanted help from clinicians to manage their paraphilia. The campaign pledged medically confidential treatment free-of-charge. It was initially funded by the Volkswagen Foundation, and has been financially supported by the German government since 2008. The project's slogan is "You are not guilty because of your sexual desire, but you are responsible for your sexual behavior. There is help! Don't become an offender!"

<span class="mw-page-title-main">Michael C. Seto</span>

Michael Chikong Seto is a Canadian forensic psychologist, sexologist, and author. He is director of Forensic Rehabilitation Research at the Royal Ottawa Health Care Group, where his research focuses on pedophilia, sexual offenses committed against children, child pornography, risk assessment, offenders with mental disorders, psychopathy, and program evaluation.

<span class="mw-page-title-main">Robin Wilson (psychologist)</span>

Robin J. Wilson is a Canadian psychologist, specializing in work on sex offenders.

Canadian Centre for Child Protection is a Canadian registered charitable organization dedicated to the personal safety of all children. More specifically, its goal is to reduce the victimization of children by providing programs and services to the Canadian public.

References

  1. "Child Sexual Abuse". Medline Plus. U.S. National Library of Medicine. 2008-04-02.
  2. "Guidelines for psychological evaluations in child protection matters. Committee on Professional Practice and Standards, APA Board of Professional Affairs". The American Psychologist. 54 (8): 586–593. August 1999. doi:10.1037/0003-066X.54.8.586. PMID   10453704. Abuse, sexual (child): generally defined as contacts between a child and an adult or other person significantly older or in a position of power or control over the child, where the child is being used for sexual stimulation of the adult or other person.
  3. "Statistics & Research | Little Warriors". littlewarriors.ca. May 2019. Retrieved 2019-07-03.
  4. Canada, Public Health Agency of (2016-11-04). "Is child sexual abuse declining in Canada? Results from nationally representative retrospective surveys - HPCDP: Volume 36-11, November 2016". aem. Retrieved 2019-07-03.
  5. "Does a watched pot boil? A time-series analysis of New York State's sex offender registration and notification law". psycnet.apa.org. 2008. Retrieved 2019-07-08.
  6. Lussier, Patrick; Mathesius, Jeff (2019-01-21). "Not in My Backyard: Public Sex Offender Registries and Public Notification Laws". Canadian Journal of Criminology and Criminal Justice. 61: 105–116. doi:10.3138/cjccj.2018-0026. S2CID   150453985.