*Prob not in exam* 16. Sexploitation Compulsory Reading - Europol Strategic Assessment - Sexual Extorsion & Coercion

Question 1

Summary of Key Conclusions

Answer 1

1. Sexual Coercion & Extortion Online (SCE) is heavily understudied - needs further research especially terms of victim & perp characteristics, offence process & supporting victim - perp interrelationship
2. Difficult to assess full nature due to lack of consistency around language used (by LE, media, judicial system)
3. Appears to be 2 major motivations for SCE - financial & sexual. Children more likely to be at risk of offenders motivated by sexual needs.
4. Regardless of motivation & MO - characterising feature appears to be the commoditisation of the child’s online sexual activity for a perceived gain (financial / social / sexual)
5. However remember the motivators are typically multi dimensional
6. Peer-perpetrated cases must be considered the perp does not see it as illegal and may be motivated by malice, perceived social gains (popularity / attention etc)
7. There is a relationship with Self Generated Sexually explicit material - needs further study. Not necessary a pre-condition and perp does not necessarily seek it.
8. Previously this topic was defined in terms of adults - important to bring public attention to children as victims.
9. Term ‘Sextortion’ should be no longer used. as its use may lead to ambiguous and sometimes even paradoxical understanding of the crime affecting
   children implies equivalence with the crime affecting adults, and may lead to a failure to recognise more complex and nuanced features of the crime affecting children & consequences
10. The term ‘sexual extortion’ has gathered currency in relation to online CSAE however, the term ‘extortion’ does not fully encompass the range of manipulative strategies (e.g deception). Additionally, some legislation ties the concept of ‘extortion’ inextricably to the taking of money or property through use of violence or threats
11. These criminal actions online need to be further investigated - very dynamic - need for legal solutions for effective prosecution
12. At National Level needs assessment and research to look at local legislation to see if SCE is effectively covered and criminalised
13. Further research needed re preventative initiatives - and the success re how to disseminate to target audience
14. Campaigns should primarily work with specific case studies and be closely linked to existing reporting mechanisms
15. Combatting online child SCE needs a multidisciplinary, comprehensive approach, essential elements of which are prevention and education, criminalisation of various conducts, reporting and intervention, as well as policies designed to involve representatives of different sectors

Question 2

Part 1 Current state of knowledge - key takeaways

Answer 2

In identifying cases of online child sexual coercion and extortion, it is a challenge to reliably discriminate between consenting and non-consenting sexting and
SGSEM-related behaviour in the online space, bearing in mind that the child’s own awareness of their exploitation may be compromised by deceptive
solicitation strategies or simply a lack of awareness of what constitutes such practice.

The above is of particular relevance in the context of SCE, where youth-produced sexual communications and imagery may be targeted or procured using a range of coercive strategies such as befriending, force or intimidation. Here, it is critical to reliably differentiate between those young people who ‘sext’, or produce and send SGSEM of their own volition and
those who are coerced into such behaviours.

In light of the lack of both legal definitions and some consensus concerning its actual meaning, the phenomenon of the sexual coercion and extortion of children online deserves even greater attention from experts in this field, who can contribute to the development of relevant policies, legislative solutions, as well as effective data collection processes

The distinction between online and offline is an artificial one and a focus on distinction fails to appreciate the complexity of cases that can arise.

Question 3

Part 2 - Describing Child SCE

A working definition of Child SCE

Answer 3

In broad terms, sexual coercion and extortion of children may be defined as the
targeting and commoditisation of a child, or the visual depiction of that child, by
technological means, through coercion or deception, for the purposes of procuring a sexual gain (for example new CSEM or a sexual encounter), financial gain, or other
personal gain (such as psychosocial gains such as popularity or malicious
satisfaction)

Question 4

Part 2 - Legislative Response - Intro

Answer 4

• both the Lanzarote Convention (The CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse) and the EU Directive use the word ‘coercion’ but not ‘extortion’
• are provisions of top-down international or EU legislative instruments sufficiently nuanced and comprehensive enough to fully
  cover the conduct that constitutes sexual extortion and coercion?

Question 5

Part 2 - Legislative Response - What does the CoE Convention on The Protection of Children Against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) cover re SCE?

Answer 5

• Relevant provisions are Article 18, paragraph 1.b which requires the criminalisation of ‘engaging in sexual activities with a child where use is made of coercion, force or threats’.
  Important to note that this relates to a child who has not reached age of sexual consent only - not all under 18.

‘engaging in sexual activities’ should include abuse that is entirely online

Other relevant provisions are:
- Offences concerning child pornography,
criminalisation of producing (Article 20, paragraph 1.a), procuring of child pornography (Article 20, paragraph
1.d) as well as distributing or transmitting child pornography (Article 20, paragraph 1.c)

Some processes have been implemented to try to keep up with the emerging trends relating to CSAE and in identifying gaps in current protection systems. One of these is an opinion on article 23 (solicitation of children for sexual purposes - covers meeting a child) which highlights the risk children are exposed to by online CSEA / SCE where no RL meeting is intended. Gives pointers to states wishing to criminalise this where solicitation does not result in RL meeting

Working group has been set up to reflect on trends in CSAE and to put forward suggestions to the Lanzarote Committee on possible steps forward.

Question 6

Part 2 - Legislative Response - What does the EU Directive (Directive 2011/93/EU of the European Parliament and of the Council on
combating the sexual abuse and sexual exploitation of children and child
pornography) cover re SCE?

Answer 6

• similar construction to the LC with regards to provisions relating to engagement in sexual activities with a child where use is made of coercion, force or threats, although a distinction is made if the child has or has not reached the age of sexual consent. Article 3(5)(iii) and Article 3(6) (coercing, forcing or threatening a child into sexual activities with a third party) call for maximum terms of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age
• The Directive mentions the use of ICTs among several provisions. These key ones are Article 4 (offences concerning child exploitation), Article 5 (offences concerning child pornography and Article 6 (offences relating to solicitation for sexual purposes)
• Article 4(3) is in fact the key provision for the subject area as vital elements of acts constituting SCE are reflected in its provisions. It can be assumed that even if what is requested from the victim is sexually explicit material, not necessarily live, for every material produced in process of sexual coercion and extortion there will be one point in which a pornographic performance must take place (even if there is no audience at that point)

Question 7

What does Article 4(3) of the EU Directive state?

Answer 7

Directive 11/93/EU
(Article 4 relates to offences concerning child sexual exploitation)

Article 4(3) Coercing or forcing a child to participate in pornographic performances, or threatening a
child for such purposes shall be
punishable by a maximum term
of imprisonment of at least 8
years if the child has not reached
the age of sexual consent, and at
least 5 years of imprisonment if
the child is over that age

Question 8

What is the definition of a ‘pornographic performance’ - Article 2(e) of The EU Directive

Answer 8

Article 2(e) Definition of
‘pornographic performance’:
‘pornographic performance’
means a live exhibition aimed at
an audience, including by means
of information and communication technology, of:
(i) a child engaged in real or simulated sexually explicit conduct; or
(ii) the sexual organs of a child for primarily sexual purposes;

Question 9

What is Article 5 of The EU Directive and why is it relevant to SCE?

Answer 9

Article 5 relates to Offences concerning ‘Child Pornography’.

It covers:
- acquisition or possession
- knowingly obtaining access by use of ICT (similar to the LC this is intended to cover the viewing of CP without downloading or storing the images - not covered by possession or acquisition)
- distribution / dissemination or transmission
- offering / supplying or making available

Question 10

What is Article 6 of The EU Directive and why is it relevant to SCE?

Answer 10

Article 6 of the EU Directive is concerned with Solicitation of children for sexual purposes.

It says that the following intentional conduct is punishable:
- Proposing by means of ICT to meet a child (not reached age of sexual consent) for purpose of committing acts in article 3(4) and 5(6)
- Acts are engaging in sexual activities with a child who has not reached the age of sexual consent 3(4) and production of child pornography 5(6)
- The proposal needs to be followed by material acts leading to such a meeting

BUT only applies to children under age of sexual consent.

Question 11

Summary of the LC and EU Directive re child SCE

Answer 11

Criminalisation of unlawful conduct as stipulated in provisions on solicitation of children for sexual purposes (grooming) in the EU Directive is more specific than it is on the grounds of the LC. This is because Article 6(2) describes a situation where a child who is solicited by an adult by means of information and communication technology provides
child pornography depicting that child. Similarly, to the LC’s provisions on grooming, the use of coercion, force or threats is not directly mentioned in Article 6. Furthermore,
solicitation of children for sexual purposes is punishable only if it involves a child who has not reached the age of sexual consent