Laws against child sexual abuse vary by country based on the local definition of who a
child
A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ...
is and what constitutes
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in Human sexual activity, sexual activit ...
. Most countries in the world employ some form of
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...
, with sexual contact with an
underage
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a
minor below the legal
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...
may sometimes be referred to as
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behaviour). Although it usually refers to adults engaging in sex ...
,
based on the principle that any apparent consent by a minor could not be considered
legal consent.
The United Nations
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
(CRC) is an international
treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
that legally obligates nations to protect children's rights. Articles 34 and 35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the
prostitution of children
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 (law), minor, or person under the legal age of consent.
In most jurisdict ...
, and the
exploitation of children in creating pornography. States are also required to prevent the abduction, sale, or trafficking of children. As of January 23, 2015, 196 countries have ratified the Convention, including every member of the
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
except the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
.
[United Nations Treaty Collection. ]
Convention on the Rights of the Child
''. Retrieved 21 May 2009.
Fiji
Fiji has recently updated its legislative standards with the introduction of the Crimes Decree (2009). This removed gendered limitations that the Penal Code had held regarding victims and offenders. It updated the maximum sentence so that any offender can face a sentence of life imprisonment for the sexual assault of a person under the age of 13. Prior to this, female offenders could only receive a maximum sentence of up to seven years imprisonment. As well as this, it included the offence of penile-anal penetration, though it does still use the degrading terminology of "sodomy". Previously, the Penal Code only considered penile-vaginal penetration. There are still limitations in Fiji regarding child sexual assault, particularly in the criminal justice practices. The use of mediation between offender, victim and the surrounding families has great potential to revictimise and retraumatise the victim.
India
The Protection of Children Against Sexual Offences Act, 2012 regarding child sexual abuse has been passed by both the houses of the Indian Parliament in May 2012. The Act came into force from 14 November 2012.
Malaysia
Few forms of child abuse are a crime under Malaysian law. Suspects can be charged only for rape (penile penetration) and incest. Police can do little since the legal definition is limited. Malaysian courts seldom convict people for child sexual abuse, and Malaysia keeps no official statistics on child abuse.
South Africa
The South African law on sexual offences was codified in the
. Chapter 3 of the act deals with sexual offences against children. The act criminalises:
* acts of sexual penetration with a child (statutory rape)
* other sexual acts with a child (statutory sexual assault)
* exploitation of children in prostitution
* sexual grooming of children
* showing pornography to children
* using children in child pornography
* compelling children to witness sexual acts
* indecent exposure to children
The act establishes a
National Register for Sex Offenders which lists people convicted of sexual offences against children and the mentally disabled.
Turkey
Turkey's constitutional court decided in 2016 to annul the provision that punishes all sexual acts against children under the age of 15 as sexual abuse, according to opposition media. According to the government, they are preparing a new law more efficient against child abuse and the prohibition is still in place.
United Kingdom
The United Kingdom rewrote its criminal code in the
Sexual Offences Act of 2003. This Act includes definitions and penalties for child sexual abuse offences, and (so far as relating to offences) applies to
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
and
Wales
Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
and
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
. The
Scottish Law Commission
The Scottish Law Commission () is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal ...
published its review of
rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
and sexual offences in December 2007, which includes a similar consolidation and codification of child sexual abuse offences in Scotland.
United States
Child sexual abuse has been recognized specifically as a type of
child maltreatment in U.S. federal law since the initial Congressional hearings on child sex in 1973. Child sexual abuse is illegal in every state, as well as under federal law. Among the states, the specifics of child sexual abuse laws vary, but certain features of these laws are common to all states.
Yemen
In
Yemen
Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
, the law does not define
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical abuse, physical, child sexual abuse, sexual, emotional and/or psychological abuse, psychological maltreatment or Child neglect, neglect of a child, especially by a p ...
.
Zambia
A recent June 30, 2008 landmark decision by judge, Philip Musonda, of the Zambian High Court gave a minor girl-student 45 million
Zambian Kwacha
The Kwacha (ISO 4217 code: ZMW) is the currency of Zambia. It is subdivided into 100 ngwee.
Etymology
The name ''kwacha'' derives from the Nyanja, Bemba, and Tonga language word for "dawn", alluding to the Zambian nationalist slogan of a ...
() in awards after she brought her teacher to court for statutory rape. This is the first case of its kind for a minor to win against a person of authority in the nation of Zambia.
Women News Network - WNN, ''"When a Girl Student Stands Up and Wins"''
References
{{Law country lists
Child sexual abuse
Sex and the law
id:Undang-undang tentang pelecehan seksual terhadap anak