E/CN.15/2014/CRP.1 laws related to obscenity, decency and vice.277 Countries also vary in their treatment of “virtual” and “simulated” child sexual abuse material. “Virtual” child sexual abuse material generally refers to visual material that appears to depict children engaged in sexual acts but that is actually the product of digital creation, animation, morphing or composite making. “Simulated” child sexual abuse material refers to materials featuring adults who are disguised to look like children. Whereas some States penalize possession of virtual child sexual abuse material to a lesser extent than that of real child sexual abuse material, others do not make such a distinction. Results from the Cybercrime Study showed that national laws on child pornography use a range of terminologies but only in around one-third of countries do they include simulated material.278 Countries such as Sweden and the United States, for example, do not criminalize simulated child sexual abuse material because children were not involved in its production, while other countries do criminalize this material because the simulated material is difficult to distinguish from real child sexual abuse material and may stimulate the market for the latter. The United States grappled with the issue of virtual and simulated child sexual abuse material in 2002 when the Supreme Court in John D. Ashcroft Attorney General, et al v. The Free Speech Coalition, et al.279 repealed the prohibition on virtual child sexual abuse material contained in the Child Pornography Prevention Act of 1996. On that occasion, the Supreme Court struck down as unconstitutional a definition of child sexual abuse material that included images that merely “appear to be” of a minor engaged in sexually explicit conduct. Almost immediately thereafter and in response to this decision, the United States Congress adopted the “Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003” (PROTECT) Act. In addition to prohibiting "real" child sexual exploitation images, the PROTECT Act also includes prohibitions against (1) any digital or computer-generated image that is "indistinguishable" from that of a minor engaging in sexually explicit conduct, and (2) a visual depiction that has been created or modified to appear as an identifiable minor engaging in sexually explicit conduct. Commercial sexual exploitation of children UNICEF has reported gaps concerning child prostitution in the criminal laws of many States Parties to the OPSC. These gaps include laws that only criminalize the prostitution of children below the age of consent to sexual activity in the national legal system or that define prostitution in gender-specific terms, or exclude certain sexual acts. For example, national legislation on trafficking often focuses on sexual exploitation of women and girls, which neglects trafficking of boys for sexual exploitation. The laws of some countries focus on the immorality of sexual activities rather than the exploitation and abuse that have occurred. As a result, trafficking survivors may be held legally accountable for acts committed as a result of sexual exploitation.280 With regard to the existence of specific anti-trafficking legislation, according to the 2012 UNODC Global Report on Trafficking in Persons, more than 90 per cent of the 162 countries and territories covered by the report had such legislation covering fully or partially, all or most forms of trafficking in persons. This means that at least 134 countries and territories in the world have criminalized trafficking and established a strong legislative basis for cooperation, exchange of good practices and a common understanding of what trafficking in persons is and that victims of this crime are to be protected. An additional 19 countries have legislation covering trafficking in persons partially, either by focusing on women or children only, or by covering one type of exploitation only, such as sexual exploitation.281 Some States make trafficking in children an aggravating factor, or specify an enhanced penalty for such acts.282 Although legislation rates have increased substantially in the last ten years, conviction rates remain very low, indicating that effective implementation of anti-trafficking laws is difficult to achieve, leaving children vulnerable to ICT-facilitated trafficking for sexual exploitation and abuse.283 __________________ 277 278 279 280 281 282 283 UNODC, 2013. Pp. 100-101. Ibid. Pp. 102. U.S. Supreme Court, Case No. 00-795. UNICEF, 2009. Handbook on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Pp. 23-24. UNODC, 2012. Global Report on Trafficking in Persons. Pp. 82-83. UNODC. Model Law against Trafficking in Persons (United Nations publication, Sales No. E.09.V.11). See also UNODC, 2012. Pp 82-88, ;UNICEF, 2009. P. 24. V.14-03040 43