On Tuesday 6 February in Strasbourg, the European Commission presented a legislative proposal revising the 2011 European directive on combating the sexual abuse and sexual exploitation of children.
This amended directive, which will notably broaden the definition of child sexual abuse offences and extend the limitation periods for reporting them, completes a series of proposals on the subject, such as the May 2022 regulation on the removal of child sexual abuse material online which is blocked in the EU Council.
Recently, in response to this blocking, the Commission has also proposed interim legislation so that Internet platforms can continue to track child sexual abuse material online on a voluntary basis (see EUROPE 13338/3).
The aim of the revised directive presented on Tuesday is to adapt EU definitions to a world of constant digital change, and to provide the EU with a lasting solution without the need to regularly change directives with each technological development, explained the European Commissioner for Home Affairs, Ylva Johansson.
According to the Commission’s figures, in 2022, 1.5 million cases of child sexual abuse were reported, compared with 1 million in 2020. The potential for online abuse is on the rise, hence the need to adapt criminal codes, Commission Vice-President Dubravka Šuica also explained.
The text presented by the Commission thus provides for the extension, in all Member States, of the definitions of criminal offences relating to the sexual abuse of children to include live streaming of such abuse, as well as the possession and distribution of paedophile manuals. The updated definitions of criminal offences will also cover child sexual abuse material contained in ‘deep fakes’ or in content generated by artificial intelligence.
Longer statutes of limitations. The proposal covers the strengthening of prosecution, prevention and support by extending the statute of limitations and the right to financial compensation for long-term damage and harm caused by sexual abuse experienced in childhood.
With regard to statutes of limitation, the amendments made aim to ensure that limitation periods cannot begin before the victim has reached the age of majority and to set minimum limitation periods to enable the victim to seek justice.
For offences punishable under this directive by a maximum penalty of at least 3 years, the limitation period must be at least 20 years from the age of majority.
For offences punishable by at least 5 years’ imprisonment, the limitation period must be at least 25 years from the age of majority and at least 30 years for sentences of at least 8 years. The Commission explains that victims of child sexual abuse and exploitation are often unable to report the crime for several decades.
These statutes of limitation are already in force in some Member States.
The revised directive also calls for prevention to be stepped up. Member States will be asked to increase investment in awareness-raising, particularly with regard to the risks of online browsing and social networking. New requirements will make it compulsory for recruiters to ask for a criminal record extract from applicants for any job involving close contact with children and/or working for an organisation working against child sexual abuse.
A duty to report will also be imposed on professionals working in close contact with children when they detect possible cases of child sexual abuse.
Link to the proposal: https://aeur.eu/f/aq4 (Original version in French by Solenn Paulic)