Another major form of commercial sexual exploitation of
children is abuse and exploitation in the travel and tourism
industries. This is also commonly referred to as “child sex
tourism” and may be described as:
“…the commercial sexual exploitation of children by
men or women who travel from one place to another,
usually from a richer country to one that is less developed, and there engage in sexual acts with children,
defined as anyone under the age of 18. Child sex tourism takes various forms, but generally it is about adult
men who, in the course of travelling away from home,
pay in cash or kind for sex with children.”54
Child sex tourists may be either “preferential” abusers,
who deliberately seek out children for sex, or “situational”
abusers, who take advantage of an opportunity or a feeling of
anonymity afforded by travelling.55 A more detailed description of offender profiles is contained in chapter III
(Combating the problem).
Cyberenticement, solicitation and online
grooming
The terms “cyberenticement”, “solicitation” and “online
grooming” are commonly used collectively or interchangeably to describe communications made by adults through the
use of ICTs for the purpose of sexually abusing or exploiting
minors. In the United States, for example, many states have
adopted legislation related to cyberenticement that seeks to
criminalize attempts at knowingly soliciting a minor to engage
in sexual activity by communicating through the Internet.
Such statutes “come in a variety of forms but generally punish
any person who (1) uses a computer or similar device (2) to
contact a person whom he knows or believes to be a minor
(3) to solicit, encourage, entice, or lure him or her (4) for the
Subgroup Against the Sexual Exploitaiton of Children, NGO
Group for the Convention of the Right of the Child, 2005.
Pp. 18-19.
55
ECPAT. End Child Prostitution, Child Pornography and
Trafficking of Children for Sexual Purposes. Available at: http://
www.ecpat.net/faqs#child-sex-tourism; see also Kinnear, K. L.,
2007. Childhood Sexual Abuse (2nd ed.). P.7.
54
purposes of engaging in sexual activity in violation of state
laws.”56
Within the European Union, “solicitation of children for
sexual purposes” refers to the intentional proposal, through
information and communication technologies, by an adult, to
meet a child who has not reached the age of majority under
domestic law, for the purpose of committing sexual abuse or
producing child pornography where this proposal has been
followed by material acts leading to such a meeting.57 Sexual
solicitation may also refer to “requests [to a child] to engage
in sexual activities or sexual talk or give personal sexual information that are unwanted or, whether wanted or not, made by
an adult.”58
“Grooming” can be considered as conduct that takes place
as part of cyberenticement or prior to solicitation. It refers to
a series of actions that facilitate cyberenticement or solicitation deliberately undertaken with the aim of befriending and
establishing an emotional connection with and gaining the
trust of a child, in order to lower the child's inhibitions in
preparation for sexual activity with the child.59 The preparation element of the conduct can be described as “a process by
which a person prepares a child, significant adults and the
environment for the abuse of this child. Specific goals include
gaining access to the child, gaining the child’s compliance and
maintaining the child’s secrecy to avoid disclosure.”60
Grooming “may take minutes, hours, days or months,
depending on the goals and needs of the abuser and reactions
of the young person.”61
56
Sorenson Stanger, J., 2005. “Salvaging States’ Rights To Protect
Children from Internet Predation: State Power To Regulate
Internet Activity Under the Dormant Commerce Clause”,
Birmingham Young University Law Review, 2005:191. Available at:
http://digitalcommons.law.byu.edu/lawreview/vol2005/iss1/4
57
Art. 6, Directive 2011/92/EU of the European Parliament and
the Council of 13 December 2011 on combating the sexual abuse
and sexual exploitation of children and child pornography, and
replacing Council Framework Decision 2004/68/JHA [L 335/1
2011]. See also article 23 Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual
Abuse.
58
Quayle, E., et al. In: Ainsaar, M., Lööf, L. (eds.). P. 12.
59
Gillespie, A., 2002. “Child protection on the Internet
challenges for criminal law”, Child and Family Law Quarterly,
14:411.
60
Quayle, E., et al. In: Ainsaar, M., Lööf, L. (eds.). P. 15.
61
UNICEF, 2011. P.2.
I.
Identifying and describing the problem 11