Laws regarding child sexual abuse

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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. [1] An adult's sexual intercourse with a minor below the legal age of consent may sometimes be referred to as statutory rape, [2] [3] based on the principle that any apparent consent by a minor could not be considered legal consent.

Contents

The United Nations Convention on the Rights of the Child (CRC) is an international treaty that legally obligates nations to protect children's rights. Articles 34 and 35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. States are also required to prevent the abduction, sale, or trafficking of children. [4] As of January 23, 2015, 196 countries have ratified the Convention, including every member of the United Nations except the United States. [5] [6]

Fiji

Fiji has recently updated its legislative standards with the introduction of the Crimes Decree (2009). This removed gendered limitations that the Penal Code had held regarding victims and offenders. It updated the maximum sentence so that any offender can face a sentence of life imprisonment for the sexual assault of a person under the age of 13. Prior to this, female offenders could only receive a maximum sentence of up to seven years imprisonment. As well as this, it included the offence of penile-anal penetration, though it does still use the degrading terminology of "sodomy". Previously, the Penal Code only considered penile-vaginal penetration. There are still limitations in Fiji regarding child sexual assault, particularly in the criminal justice practices. The use of mediation between offender, victim and the surrounding families has great potential to revictimise and retraumatise the victim. [7]

India

The Protection of Children Against Sexual Offences Act, 2012 regarding child sexual abuse has been passed by both the houses of the Indian Parliament in May 2012. [8] The Act came into force from 14 November 2012. [9]

Malaysia

Few forms of child abuse are a crime under Malaysian law. Suspects can be charged only for rape (penile penetration) and incest. Police can do little since the legal definition is limited. Malaysian courts seldom convict people for child sexual abuse, and Malaysia keeps no official statistics on child abuse. [10]

South Africa

The South African law on sexual offences was codified in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Chapter 3 of the act deals with sexual offences against children. The act criminalises:

The act establishes a National Register for Sex Offenders which lists people convicted of sexual offences against children and the mentally disabled.

Turkey

Turkey's constitutional court decided in 2016 to annul the provision that punishes all sexual acts against children under the age of 15 as sexual abuse, according to opposition media. [11] According to the government, they are preparing a new law more efficient against child abuse and the prohibition is still in place. [12]

United Kingdom

The United Kingdom rewrote its criminal code in the Sexual Offences Act of 2003. This Act includes definitions and penalties for child sexual abuse offences, and (so far as relating to offences) applies to England and Wales and Northern Ireland. The Scottish Law Commission published its review of rape and sexual offences in December 2007, which includes a similar consolidation and codification of child sexual abuse offences in Scotland.

United States

Child sexual abuse has been recognized specifically as a type of child maltreatment in U.S. federal law since the initial Congressional hearings on child sex in 1973. [13] Child sexual abuse is illegal in every state, [14] as well as under federal law. [15] Among the states, the specifics of child sexual abuse laws vary, but certain features of these laws are common to all states. [16]

Yemen

In Yemen, the law does not define child abuse. [17]

Zambia

A recent June 30, 2008 landmark decision by judge, Philip Musonda, of the Zambian High Court gave a minor girl-student 45 million Zambian Kwacha (c.US$ 2 million) in awards after she brought her teacher to court for statutory rape. This is the first case of its kind for a minor to win against a person of authority in the nation of Zambia. [18]

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 both participants are underage, or are close in age.

Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time, and unlawful sexual acts are also called sex crimes.

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.

Sexual Offences Act 2003 United Kingdom legislation

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.

Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term "sexual penetration" is widely used, though with various definitions.

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant, for example in Indonesia.

The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, the Cook Islands, Samoa, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.

The ages of consent vary by jurisdiction across Europe. The ages of consent are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only three countries, Cyprus (17), Ireland (17), Turkey (18), do not fit into this pattern. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference, provided the older one is not in a position of power, a relative, or is committing another form of exploitation. In some jurisdictions, including Italy and Hungary, there are exemptions if the age difference is within prescribed bounds. All jurisdictions in Europe, except the Vatican City, have equal and gender-neutral age limits.

Ages of consent in North America Age of consent for sexual activity in countries in North America

In North America, the legal age of consent relating to sexual activity varies by jurisdiction.

Ages of consent in Africa Ages of consent for sexual activity in the countries of Africa

The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The specific activity engaged in or the gender of its participants can also affect this age and the legality of sexual activity. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another person who is also at or above that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are stated when relevant.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

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.

Ages of consent in the United States U.S. law on age of consent to sexual activity

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

Sexual offences in the United Kingdom

There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.

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.

Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:

(1) A person (A) commits an offence if—

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

The Criminal Law Amendment Act, 2007 is an act of the Parliament of South Africa that reformed and codified the law relating to sex offences. It repealed various common law crimes and replaced them with statutory crimes defined on a gender-neutral basis. It expanded the definition of rape, previously limited to vaginal sex, to include all non-consensual penetration; and it equalised the age of consent for heterosexual and homosexual sex at 16. The act provides various services to the victims of sexual offences, including free post-exposure prophylaxis for HIV, and the ability to obtain a court order to compel HIV testing of the alleged offender. It also created the National Register for Sex Offenders, which records the details of those convicted of sexual offences against children or people who are mentally disabled.

Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India passed the 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' regarding child sexual abuse on 22 May 2012, making it an Act. A guideline was passed by the Ministry of Women and Child Development, India. The rules formulated by the government in accordance with the law had also been notified on the November 2012 and the law had become ready for implementation. There have been many calls for more stringent laws.

Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

References

  1. "Overview of the nature and extent of child sexual abuse in Europe" (PDF). coe.int. Retrieved 18 April 2018.
  2. "Statutory Rape Known to Law Enforcement" (PDF). U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention. Retrieved 2008-03-24.
  3. Black's Law Dictionary 8th Edition. child, "at common law, a person who has not reached the age of 14." See also definition under rape "carnal knowledge of a child is frequently declared to be rape by statute."
  4. "unhchr.ch". www.unhchr.ch. Retrieved 18 April 2018.
  5. United Nations Treaty Collection. Convention on the Rights of the Child Archived 2014-02-11 at the Wayback Machine . Retrieved 21 May 2009.
  6. "Weekly Press Conference on the Progress of the Government". Dayniile. 28 December 2014. Retrieved 28 December 2014.
  7. "Whitehead, John and Roffee, James. Child sexual abuse in Fiji: Authority, risk factors and responses [online]. Current Issues in Criminal Justice, Vol. 27, No. 3, Mar 2016: [323]-334".
  8. "Parliament passes bill to protect children from sexual abuse". NDTV. May 22, 2012.
  9. "Tough law on sexual offences against children comes into force". The Hindu. 15 November 2012. Retrieved 23 March 2013.
  10. Foundation, Thomson Reuters. "British paedophile exploited stigma of abuse in vulnerable communities". trust.org. Retrieved 18 April 2018.
  11. Turkey’s Constitutional Court stirs outrage by annulling child sex abuse clause Hürriyet Daily News, 2016
  12. "Zero tolerance for child abuse, Turkish family minister says - Daily Sabah". Daily Sabah . Archived from the original on 2016-08-21. Retrieved 2016-08-16.
  13. Child Abuse Prevention and Treatment Act of 1974, (most recently reauthorized by Public Law No.108-36, (2003)).
  14. State Statutes - Child Abuse and Neglect, Archived 2014-03-06 at the Wayback Machine Children's Bureau, U.S. Department of Health and Human Services.
  15. Index of Child Welfare Laws, Children's Bureau, U.S. Department of Health and Human Services.
  16. Definitions of Child Abuse and Neglect, Summary of State Laws, National Clearinghouse on Child Abuse and Neglect Information, U.S. Department of Health and Human Services.
  17. "Yemen". State.gov. 2008-03-11. Retrieved 2012-01-07.
  18. Women News Network - WNN, "When a Girl Student Stands Up and Wins"