On Tuesday 17 June, the European Parliament adopted its position on the directive criminalising the distribution and possession of child sexual abuse material and the sexual abuse of children, by 599 votes to 2 with 62 abstentions (see EUROPE 13639/17).
The report provides for higher maximum penalties for several forms of abuse, an end to limitation periods and a new definition of consent for minors above the age of sexual consent.
The elected representatives are proposing that the maximum penalties for several child sexual abuse offences—notably in cases of sexual activities involving a minor who is over the age of sexual consent but who did not consent—be increased.
Engaging in sexual activities with a child under the age of sexual consent, or inciting them to engage in sexual activities with another person or themselves, is punishable by a maximum term of imprisonment of at least ten years, the text emphasises.
The elected representatives also decided that the dissemination of pornographic content online, without introducing robust and effective age verification tools aimed at effectively preventing children from accessing pornographic content online, is punishable by a maximum term of imprisonment of at least one year.
MEPs also want to abolish limitation periods for the crimes covered by the revised directive, given that statistics show that the majority of victims do not come forward until long after the offence occurred. Victims should also be able to seek compensation indefinitely.
The European Parliament also wants to criminalise the use of artificial intelligence systems ‘designed or adapted primarily’ for crimes relating to the sexual abuse of children. “This Directive should ensure that technology-facilitated offences are covered by the same penalties as other offences, as the seriousness and trauma resulting from those offences is equivalent”.
The definition of consent is as follows: it “means any indication of agreement to a sexual activity given voluntarily and clearly, and in an informed and unambiguous manner, by a child above the age of sexual consent, as a result of that child’s free will, assessed in the context of the surrounding circumstances”.
Negotiations between the Parliament and the Council of the EU are due to begin on 23 June.
Link to the adopted text: https://aeur.eu/f/hd4 (Original version in French by Solenn Paulic)