Text Box: Protecting children against sexual violence


Protecting children against sexual violence

Key points

Child sexual abuse was a taboo subject until about ten years ago. Very little research had been done before on its extent and frequency because of silence of the victims. Since then, research has shed new light on the issue and shown that children are not most in danger from the predatory paedophile – or the lurking stranger with the sweeties – as was and still is commonly believed.

Most of abused children know their abuser. Perpetrators are in the family and community circle: relatives, family friends or carers. According to the experts, reported cases are just the tip of the iceberg, as many victims remain silent during their childhood and believe it is too late to speak out by the time they become adults or feel ready to denounce their abuser.

The recent researches estimate that in 70 to 85% of cases, the perpetrator is a person known to the child. In 90% of cases, abuse is not reported to the police.

For many years, the Council of Europe has been working as a matter of priority to fight sexual violence against children through legal, political and educational measures.

The Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (“the Lanzarote Convention”) is a genuine asset to states for preventing and combating all forms of violation of children's fundamental rights.

Summary

·         Scientific studies carried out in the last decades estimate that 10 to 20% of  children in Europe – girls and boys of all ages and social backgrounds – are sexually assaulted during their childhood (Child sexual abuse in Europe, Council of Europe Publishing, 2003)

·         To prevent sexual offences against children, prosecute the perpetrators and protect the victims, the Council of Europe has adopted the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the “Lanzarote Convention”), which was opened for signature in 2007.

·         The Committee of the Parties of the Lanzarote Convention is the body in charge of monitoring the implementation of the Convention.

·         The Committee also plays the role of observatory on the protection of children against sexual exploitation and sexual abuse by facilitating the collection, analysis and exchange of information, experiences and good practices between States. The Committee held its first activity in Iceland on 31 May-1 June 2012 to learn about the Barnahus (Children’s House) model.

·         In November 2010, the Council of Europe launched its ONE in FIVE Campaign to stop sexual violence against children. This campaign has two main goals: to achieve further signature, ratification and implementation of the Lanzarote Convention, and to equip children, their families/carers and societies at large with the knowledge and tools to prevent and report sexual violence against children. To achieve these targets, the Council of Europe has invited various stakeholders in the 47 member states such as ministries, parliamentarians, NGOs, public and private partners, organisations of youth and children, academia and public at large to take part in the campaign.

·         So far 17 campaigns have been launched (Armenia, Croatia, Cyprus, the Czech Republic, Georgia, Greece, Italy, Malta, Monaco, Mexico, Montenegro, the Russian Federation, Serbia, Spain, Sweden, Switzerland and “the former Yugoslav Republic of Macedonia”) and 8 campaigns are to be launched soon (Azerbaijan, Finland, Hungary, Luxembourg, Romania, San Marino, Turkey and Ukraine).

Questions and Answers

What is the difference between sexual abuse and sexual exploitation?

Sexual exploitation and abuse means having sexual activities with a child below the age of consent or where use is made of force or threats, abuse is made of a position of trust or authority over the child, such as in the family setting, or where the child’s particular vulnerability is take advantage of, for example, a mental or physical disability. Sexual exploitation includes the use of a child in prostitution, pornography or pornographic performances.

Who are the perpetrators?

Contrary to popular belief, sexual violence is not usually committed by strangers encountered on the Internet or in the street but rather by close relatives, neighbours and persons in authority or in positions of trust. Sexual abuse affects both girls and boys, although current statistics would suggest that 80% of victims of sexual offences are female.

It would appear that in 70 to 85% of cases the offender is someone the victim knows. 72% of offenders who have sexually abused minors and have been reported to the police are members of the latter’s family.

In some cases the offender is a minor too: between 20 and 50% of those committing sexual offences against children are themselves adolescents exhibiting sexually deviant behaviour.

What are the consequences of sexual violence and sexual abuse?

Sexual exploitation and sexual abuse are among the worst forms of violence against children. Research into this subject has shown that sexual violence has far-reaching repercussions at all stages in the victim’s life. Sexual violence primarily affects mental health and family and social well-being. The most common disorders in victims include psychological problems, such as depression and anxiety, sleeping and eating disorders, sexual problems, excessive consumption of alcohol and drug addiction.

What are the aims of the new Council of Europe Convention?

The Convention is geared to preventing and combating sexual exploitation and abuse of children, protecting the rights of child victims of sexual exploitation and abuse and promoting national and international co-operation in combating the sexual exploitation and abuse of children.

What kind of measures does it contain for prosecuting sexual offenders?

It contains criminal law measures essential to combat sexual violence effectively:

§  ensuring that certain types of conduct are criminal offences, including:

·         sexual abuse: all cases where a person engages in sexual activities with a child below the age of consent;

·         all cases where a person engages in sexual activities with a child by using force or threats;

·         child prostitution;

·         child pornography;

·         corruption of children;

·         and solicitation of children for sexual purposes, including Internet grooming;

§  establishing common criteria to ensure that an effective, proportionate and dissuasive punitive system is put in place in all countries;

§  allowing a country to prosecute one of its citizens for a crime committed abroad (“extraterritoriality principle”). For example, prosecution can be brought against sex tourists in Thailand when they return to their home country.

§  extending the limitation period. The limitation period is a time limit for legal action. The convention requests countries to extend their statute of limitation on sexual offences against children so that proceedings may be initiated after the victim has reached the adult legal age.

How does it protect the victims?

The convention prioritises children’s well-being, taking account of their opinions, needs and concerns and consistently safeguarding their best interests.

It contains measures and services to protect the victims and their families, such as setting up telephone or Internet helplines, and psychological, medical and legal assistance for victims. It also sets up child-friendly judicial proceedings for protecting the victim’s safety, privacy, identity and image, as well as measures for limiting the number of interviews and taking into account the child’s needs and rights.

How can international co-operation help to fight against sexual violence?

Legal co-operation helps countries identify and analyse problems, find and apply common solutions, share data and expertise, combat impunity and improve prevention and protection measures. It is therefore essential that both European and non-European countries become parties to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.

More information

www.coe.int/children and www.coe.int/lanzarote

Press contact

Estelle Steiner, Media Officer

Tel. +33 (0)3 88 41 33 35

Mobile +33 (0)6 08 46 01 57

[email protected]

Updated: 26 June 2012