On Monday, Parliament and Council negotiators agreed on modernising the EU legal framework for combating child sexual abuse (CSA) crimes, including updated definitions, higher maximum punishments, longer limitation periods for prosecuting crimes, and better victim support.
Criminalising new offences
Taking into account technological developments, the updated law criminalises new offences, like producing or disseminating instruction manuals for CSA crimes including exploitation and solicitation (to be punishable by at least two years’ imprisonment).
MEPs pushed for the criminalisation of artificial intelligence systems designed or adapted specifically to produce child sexual abuse material. Going forward, acquiring, possessing or disseminating such systems will be punishable by up to two years’ imprisonment. MEPs also ensured that organising another person’s travel to another country for the purpose of abuse will be criminalised (by up to one year).
Unlike the existing directive, the new law also addresses grooming, i.e. the solicitation of children for sexual purposes. Proposing to meet a child under the age of consent will be punishable when it leads to offences (up to one year, or two years when coercion, force or threat is involved). Attempted solicitation, including online, for a child to provide child sexual abuse material (CSAM) will also become punishable (by up to six months, or one year with coercion, force or threat). Other newly criminalised offences include livestreaming CSA and sextortion (threatening children with the release of CSAM).
Penalties and the notion of consent
The new law will increase the maximum penalties for a number of CSA crimes, for example knowingly attending a CSA performance involving a child, and sexual activities with children who are exploited in prostitution. In future, several offences involving CSAM will also carry stricter punishments, for instance acquiring, possessing or knowingly obtaining access to CSAM (at least two years’ imprisonment) and distributing, disseminating, supplying and making available CSAM (at least three years).
To address the spread of CSAM online, EU countries need to ensure that such material hosted on their territory can be promptly removed, or that internet users in their territory are blocked from accessing it.
MEPs also pushed for strengthening the notion of consent in CSA legislation. In future, penetrative sexual activities with children above the age of consent who do not consent will be punishable by up to 10 years’ imprisonment. For children below the age of consent, this rises to 12 years.
Longer periods to report abuse and start investigations
Victims of CSA crimes typically need years or decades to come forward and report the crimes. Therefore, MEPs pushed to extend the statute of limitations on CSA crimes.
For the most serious offences (for example, penetrative sexual activities and coercing children under the age of consent into prostitution), punishable by at least 10 years’ imprisonment, limitation periods will be set at 32 years from the victim reaching the age of majority. For the majority of offences covered by the legislation and punishable by 5 to 10 years (for example), the limitation period will be 20 years. For a third group of offences, including the production of child sexual abuse material, it will be 15 years.
Prevention and victims’ rights
The law ensures that member states put in place specialised and appropriate support for victims (recognised as “survivors” of abuse). EU countries will strive to ensure that child victims have access to assessment, support and protection in a child-friendly setting, and where possible, on the same premises. Victims will have also have the right to claim compensation from offenders, and helplines must be available to inform people of the support available.
Information campaigns will highlight the fact that non-consensual sex is a criminal offence, and that consent must be given freely. Also, effective intervention programmes for offenders during or after criminal proceedings must be put in place to prevent repeated offences.
The law also improves reporting for CSA crimes, ensuring that professional secrecy rules do not prevent reporting when there are reasonable grounds to suspect abuse. Professionals working in close contact with children will have an obligation to report cases where they have “substantial grounds” to believe that the wellbeing of the child is in “serious and imminent danger” from a CSA crime.
The law also strengthens organisations working in child protection. Member states must ensure there is a legal basis for them to manage hotlines and helplines. They are also encouraged to allow organisations to search for publicly accessible CSAM on hosting services.
Background checks
When recruiting for positions involving regular contact with children, employers need to conduct background checks to ensure that the applicant has not been convicted of CSA crimes.
Following a push from MEPs, this provision was extended to include organised voluntary activities involving children (for example, after-school activities).
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Rapporteur Jeroen Lenaers (EPP, the Netherlands) said: «We listened to victims, and it became clear that we needed to update our laws to reflect their experiences and the challenges of today. With this agreement, we managed to significantly extend the limitation periods for serious crimes. The law also addresses grooming and the spread of abuse material online, and ensures that law enforcement can combat new forms of abuse – including AI systems and instruction manuals. With stricter punishments, better victim support and a stronger role for child protection NGOs, EU countries will have the right tools in place to make sure that justice is done.”
Next steps
Technical teams will now finalise the legal text.
Then, both Parliament and Council will need to formally adopt the law before it can be published in the EU Official Journal. EU countries will then have three years to transpose the provisions of the directive into national law.