Child grooming
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Child grooming is befriending and establishing an emotional connection with a minor under the
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
, and sometimes the child's family, to lower the child's inhibitions with the objective of
sexual abuse Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assa ...
. Child grooming is also regularly used to lure minors into various illicit businesses such as
child trafficking Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour and exploitation. ...
,
child prostitution Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child p ...
, cybersex trafficking, or the production of
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
. This crime has been proscribed in various ways since the International Convention for the Suppression of the Traffic in Women and Children, which was agreed upon in 1921 as a multilateral treaty of the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
that addressed the problem of international trafficking of women and children. The proscribed traffic was international at that time. The concept of localised grooming, in which gangs groom neighbourhood victims, was defined in 2010 by the UK
Child Exploitation and Online Protection Centre A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...
.


Characteristics

To establish a good relationship with a child and the child's family, child groomers might do several things: They might try to gain the child's or parents' trust by befriending them, with the goal of easy access to the child. A trusting relationship with the family means the child's parents are less likely to believe potential accusations. Child groomers might look for opportunities to have time alone with the child, which can be done by offering to babysit; the groomers may also invite the child for sleepovers, for opportunistic bed sharing. They might give gifts or money to the child in exchange for sexual contact, or for no apparent reason. Commonly, they show pornography to the child, or talk about sexual topics with the child, hoping to make it easy for the child to accept such acts, thus normalizing the behavior. They may also engage in hugging, kissing, or other physical contact, even when the child does not want it. Suspected offenders have used the so-called " fantasy defense", the argument that they were only expressing fantasies and not plans of future behavior, to defend actions such as online communication. In the U.S., case law draws a distinction between those two and some people accused of "grooming" have successfully used this defense.


Over the Internet

Sexual grooming of children also occurs on the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
. Some abusers (sometimes posing as children themselves) chat with children online and make arrangements to meet with them in person. Online grooming of minors is most prevalent within the 13–17 age group (99% of cases), and particularly 13–14 (48%). The majority of targeted children are girls, and most victimization occurs with mobile-phone support. Children and teenagers with behavioural issues such as "high attention seeking" have a much higher risk than others.
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dust ...
has been involved in controversy as to whether it takes enough precautions against the sexual grooming of children. Jim Gamble, leader of the
Child Exploitation and Online Protection Centre A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...
(CEOP) in the UK, said in 2010 that his office had received 292 complaints about Facebook users in 2009 but that none of the complaints had come directly from Facebook. A spokesman for Facebook responded to complaints by meeting CEOP directly in person, and said that they take safety issues "very seriously". In 2003,
MSN MSN (meaning Microsoft Network) is a web portal and related collection of Internet services and apps for Windows and mobile devices, provided by Microsoft and launched on August 24, 1995, alongside the release of Windows 95. The Microsoft Net ...
implemented chat room restrictions to help protect children from adults seeking sexual conversations with them. In 2005,
Yahoo! Yahoo! (, styled yahoo''!'' in its logo) is an American web services provider. It is headquartered in Sunnyvale, California and operated by the namesake company Yahoo Inc., which is 90% owned by investment funds managed by Apollo Global Mana ...
chat rooms were investigated by the
New York State New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. sta ...
attorney general's office for allowing users to create rooms whose names suggested they were being used for this purpose; that October, Yahoo! agreed to "implement policies and procedures designed to ensure" that such rooms would not be allowed. Computer programs have been developed to analyse chat rooms and other
instant messaging Instant messaging (IM) technology is a type of online chat allowing real-time text transmission over the Internet or another computer network. Messages are typically transmitted between two or more parties, when each user inputs text and tri ...
logs for suspicious activity. As this can be prevented not only on platform level but also on the point of entry, it is recommended that parents establish safe environments for their children to use the Internet, with reduced risk of encountering cyber grooming individuals. Pedophiles and predators use online grooming to carry out cybersex trafficking crimes. After the pedophile gains the trust from a local cybersex trafficker, often a parent or neighbor of the victim, the online sexual exploitation will take place. In the US, an online privacy law, Children's Online Privacy Protection Act, has been misattributed as a measure to prevent online child grooming and protect children from child predators.


Localised grooming

"Localised grooming" refers in the UK to the on-street grooming of children, usually by a group of abusers. According to a 2013 report by the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
Home Affairs Select Committee The Home Affairs Select Committee is a Departmental Committee of the House of Commons in the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependenc ...
, after the group's initial contact with the child, offers of treats (takeaway food, cigarettes, drugs) persuade the child to maintain the relationship. One abuser might present himself as the "boyfriend"; this person arranges for the child to be raped by other members of the group. Children may end up being raped by dozens of these group members, and maybe
trafficked ''Trafficked'' is a 2017 American thriller drama film directed by Will Wallace and starring Ashley Judd, Sean Patrick Flanery and Anne Archer. Plot In California, Sara is eighteen and has to leave her foster home; she is offered training to be a ...
to connected groups in other towns. The
Child Exploitation and Online Protection Centre A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...
defines "local grooming" as follows:
'' Localized grooming'' is a form of sexual exploitation – previously referred to as ‘on street grooming’ in the media –where children have been groomed and sexually exploited by an offender, having initially met in a location outside their home. This location is usually in public, such as a park, cinema, on the street or at a friend’s house. Offenders often act together, establishing a relationship with a child or children before sexually exploiting them. Some victims of ‘street grooming’ may believe that the offender is an older ‘boyfriend’; these victims introduce their peers to the offender group who might then go on to be sexually exploited as well. Abuse may occur at several locations within a region and on several occasions. ‘Localised grooming’ was the term used by CEOP in the intelligence requests issued to police forces and other service agencies to define the data we wished to receive.
A television documentary was broadcast in August 2003, in which reporters uncovered details of an 18-month police and social services investigation into allegations that young British Asian men were targeting under-age girls for sex, drugs and prostitution in the West Yorkshire town of
Keighley Keighley ( ) is a market town and a civil parish in the City of Bradford Borough of West Yorkshire, England. It is the second largest settlement in the borough, after Bradford. Keighley is north-west of Bradford city centre, north-west o ...
. The
Leeds Leeds () is a city and the administrative centre of the City of Leeds district in West Yorkshire, England. It is built around the River Aire and is in the eastern foothills of the Pennines. It is also the third-largest settlement (by popul ...
-based Coalition for the Removal of Pimping (Crop) sought to bring this behaviour to national attention from at least 2010. In November 2010, the Rotherham sex grooming case saw several convictions of child sexual abusers. In 2012, members of the
Rochdale sex trafficking gang The Rochdale child sex abuse ring involved underage teenage girls in Rochdale, Greater Manchester, England. Nine men were convicted of sex trafficking and other offences including rape, trafficking girls for sex and conspiracy to engage in sexual ...
were convicted on various counts, and in 2016, following the largest child sexual exploitation investigation in the UK, "bigger than high profile cases in Rochdale and Rotherham", 18 men in the Halifax child sex abuse ring case were sentenced to over 175 years in prison. These cases prompted several investigations looking into how prevalent British Asian backgrounds were in localised grooming; the first was by Quilliam in December 2017, which released a report entitled ''"Group Based Child Sexual Exploitation – Dissecting Grooming Gangs"'', which claimed 84% of offenders were of South Asian heritage. However this report was "fiercely" criticised for its unscientific nature and poor methodology by child sexual exploitation experts Ella Cockbain and Waqas Tufail, in their paper ''"Failing Victims, Fuelling Hate: Challenging the Harms of the 'Muslim grooming gangs' Narrative"'' which was published in January 2020. A further investigation was carried out by the British government in December 2020, which concluded that ''"Beyond specific high-profile cases, the academic literature highlights significant limitations to what can be said about links between ethnicity and this form of offending. Research has found that group-based CSE offenders are most commonly White. Some studies suggest an over-representation of Black and Asian offenders relative to the demographics of national populations. However, it is not possible to conclude that this is representative of all group-based CSE offending. This is due to issues such as data quality problems, the way the samples were selected in studies, and the potential for bias and inaccuracies in the way that ethnicity data is collected"''; the report also added ''"Based on the existing evidence, and our understanding of the flaws in the existing data, it seems most likely that the ethnicity of group-based CSE offenders is in line with CSA hild sexual abusemore generally and with the general population, with the majority of offenders being White"''. Writing in ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers '' The Observer'' and '' The Guardian Weekly'', ''The Guardian'' is part of the ...
'', Cockbain and Tufail wrote of the report that ''"The two-year study by the Home Office makes very clear that there are no grounds for asserting that Muslim or Pakistani-heritage men are disproportionately engaged in such crimes, and, citing our research, it confirmed the unreliability of the Quilliam claim"''. The British government originally refused to release the report but eventually did so after public pressure.Lizzie Dearden (15 December 2020).
Grooming gangs come from ‘diverse backgrounds, says Home Office as review finally published
'. The Independent.

'. Retrieved January 10th, 2020.
In 2013, BBC Inside Out London investigated allegations made by members of the
Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...
community that British Sikh girls living inside Britain were being targeted by men who pretend(ed) to be Sikhs. However an investigation by the Sikh scholar Katy Sian of the
University of York The University of York (abbreviated as or ''York'' for post-nominals) is a collegiate research university, located in the city of York, England. Established in 1963, the university has expanded to more than thirty departments and centres, co ...
found no truth to the allegations and instead found it was an allegation being pushed by extremist Sikh groups. Further reports compiled by the British government and child sex exploitation scholars also confirmed there was no evidence to this.Jagbir Jhutti-Johal; Sunny Hundal (August 2019).
The changing nature of activism among Sikhs in the UK today
'. The Commission For Countering Extremism. University of Birmingham. p. 14.
WayBackMachine Link
'. Retrieved February 17th, 2020.


Criminal offenses


General

In its report ''Protection of Children Against Abuse Through New Technologies'', the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
Cybercrime Convention Committee addressed the emerging issues of violence against children through the use of new technologies (the issue of
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
on the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
is already covered by Article 9 Convention) with particular reference to grooming both through the internet and by
mobile telephone A mobile phone, cellular phone, cell phone, cellphone, handphone, hand phone or pocket phone, sometimes shortened to simply mobile, cell, or just phone, is a portable telephone that can make and receive calls over a radio frequency link while ...
s. Some nations have already criminalized grooming in their national legislation. Analysis of these laws suggests some may be redundant with existing legislation and/or practices.


Australia

Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
n Criminal Code Act 1995 section 474.26 and 474.27 prohibits the use of a "carrier service" to communicate with the intent to procure a person under the age of 16, or expose such a person to any indecent matter for grooming. The various states and territories have similar laws, some of which use a different ages (for example the victim only has to be under 16 in Queensland). Such laws across Australia were recently strengthened in the wake of the
murder of Carly Ryan Carly Ryan (31 January 1992 – 20 February 2007) was an Australian schoolgirl who was befriended online and then murdered by a serial paedophile, 50-year-old Garry Francis Newman. The case, which highlighted the emerging phenomena of catfishing ...
.


Canada

In
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
,
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
section 172.1 makes it an offence to communicate with a child through a computer system to commit a sexual offence (termed "luring a child").


Costa Rica

In
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
, since April 2013, the Criminal Code section 167 bis, makes it an offence to seduce a child by electronic means. With penalties from one to 3 years of imprisonment for a person that, by any means attempts to establish an erotic or sexual communication with a child under 15 years old.


Germany

In
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
, under § 176 of the Strafgesetzbuch (Criminal Code) it is a criminal offence to entice a child (14 or younger) into sexual actions or to use telecommunications to try to entice them into sexual actions or child pornography. In January 2020, the law was extended to include cases of attempted cyber grooming in which perpetrators "groomed" investigators or parents, believing them to be a child.


Netherlands

On 1 January 2010, section 248e was added to the
Dutch Criminal Code The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the Fr ...
making it an offence to arrange online or by telephone a meeting with someone he knows or reasonably should assume to be a child under 16, with the intent of sexually abusing the child, as soon as any preparation for this meeting is made. The maximum punishment is 2 years of imprisonment or a fine of the fourth category.


New Zealand

The law in
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
states that it is a crime to meet up or intend to meet up to perform an unlawful sexual act with a person under 16 years. This is recorded in Section 131B of the Crimes Act 1961. This section is labelled ‘Meeting Young Person Following Sexual Grooming, etc’. Any person charged is liable to imprisonment for a term not exceeding 7 years.


United Kingdom

In
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, sections 14 and 15 of the
Sexual Offences Act 2003 The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom. It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeur ...
make it an offence to arrange a meeting with a child under 16, for oneself or someone else, with the intent of sexually abusing the child. The meeting itself is also an offence in its own right. The offence carries a maximum sentence of 10 years imprisonment and automatic barring of the offender from working with children or vulnerable adults. The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 introduced a similar provision for
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
. Thus, a crime may be committed even without the actual meeting taking place and without the child being involved in the meeting (for example, if a police officer has taken over the contact and pretends to be that child). In ''R v T'' (2005) EWCA Crim 2681, the appellant, aged 43, had pretended to befriend a nine-year-old girl but had done very little with her before she became suspicious and reported his approaches. He had many previous convictions (including one for
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
) and was described as a "relentless, predatory
pedophile Pedophilia ( alternatively spelt paedophilia) is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of pubert ...
". The
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
upheld a sentence of eight years' imprisonment with an extended license period of two years.


United States

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, makes it a federal offence to use the mail, interstate commerce, etc. to entice a minor to sexual activity for which any person can be charged with a criminal offence. makes it a federal offence to transmit information about a person below the age of 16 for this purpose. Some states have additional statutes covering seducing a child online, such as the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
law that makes "Use of a Computer to Seduce a Child" a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
. Laws focused on 'grooming' were first enforced federally against Alabamian Jerry Alan Penton in 2009. Penton received 20 years in prison for that action coupled with another 20 for his distribution and possession of child pornography.


See also


References


Further reading

*


External links


Internet Watch Foundation


written by Gregory M. Weber, the Assistant Attorney General for the State of Wisconsin who specializes in the prosecution of crimes committed against children.
Cyber Grooming – danger of cyberspace, written by Kamil Kopecký, the professor at Palacký University Olomouc (director of Centre PRVoK)
{{DEFAULTSORT:Child Grooming Child abuse Psychological manipulation Pedophilia