Children – Unseen Victims of Sexual Violence Part II

Continued from Part I…

Rights of the Child

The UN Convention on the Rights of the Child, 1989 to which India is a signatory, states, via Article 19, that – ‘State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child...’

Article 34 states that – ‘States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes... take all appropriate national, bilateral and multilateral measures to prevent:

• The inducement or coercion of a child to engage in any unlawful sexual activity; 
•  The exploitative use of children in prostitution or other unlawful sexual practices; and 
• The exploitative use of children in pornographic performances and materials.’

Existing Legislation that deals with CSA

In India, there is no specific central legislation aimed at protecting children from sexual abuse, sexual violence or trafficking, with most cases being tried under the existing legislation, which is more general in nature and includes –

• The Indian Penal Code, 1860 
• The Immoral Traffic Prevention Act, 1956 
• The Prohibition of Child Marriages Act, 2006 
• Indecent Representation of Women (Prohibition) Act, 1986 
• The Information Technology Act, 2000

 India has over the years, apart from several domestic cases of CSA and other forms of abuse against children, also gone on the world map as a popular destination for paedophiles, who come in search of easy pickings from among poor and migrant labour families who often either willingly hand over their children for cash, or who have their children picked up by pimps and touts for supply to these sexual predators, through an elaborate network that comprises tour companies, hotels and tourist guides often working in conjunction with law enforcement authorities who turn a blind eye to such activities.

The Goa Children’s Act, 2003 – A step in the right direction

The State of Goa, a popular tourist destination for Indian and foreign tourists, in an effort to curb instances of offences against children, including CSA, passed The Goa Children’s Act, 2003. The Act amended in 2005, states it to be – 

"An Act to protect, promote and preserve the best interests of Children in Goa and to create a society that is proud to be child friendly."

Under the Act, a ‘Child’ is defined as – ‘any person who has not completed 18 years of age unless any other law in force specifies otherwise or unless otherwise indicated in specific provisions in this Act. Provided that in so far as a victim in an offence of rape is concerned, “child” shall mean any person who has not completed 16 years of age’.

The act also defines terms like – ‘child abuse’, ‘commercial sexual exploitation of children’, and the term ‘sexual offence’ which covers offences like grave sexual assault and sexual assault and acknowledges for the first time ever the crime of incest, and lays down the penalties for these offences, in the case of child abuse or sexual assault – a term of imprisonment which may extend to three years and a fine of Rs.1 lakh. And in the case of grave sexual assault, and incest, imprisonment for ten years but which may extend to life imprisonment, and a fine of Rs.2 lakh.

The Act also brings within its ambit – hotels and other establishments that provide boarding and lodging and similar facilities - to ensure that children on their premises and in the adjoining areas, including beaches, parks etc. to which they have access, are kept safe and free from the risk of potential child abuse, putting the onus of responsibility on the owner and manager of such establishments, making them liable to imprisonment and fine.

In addition the Act expands the role of the State in ensuring that children are protected from abuse, sexual offences, trafficking, prostitution and the violation of their rights by making it incumbent on the State to provide for the setting up of Victim Assistance Units to deal with cases of abuse, and assist the child in the various processes involved in appearing before any Court or authority handling cases of child abuse. The State is also required to carry out child sensitization programmes for police officers at all levels, including an orientation on child rights laws as part of police training school curriculum, as well as child sensitization training for all those involved in healing, rehabilitation and other assistance programmes for children who are victims of abuse, which includes the promotion of programs of information support and training for such children.

Central Legislation on CSA & the Protection of Children from Sexual Offences Bill, 2011

The Ministry of Women and Child Development meanwhile taking a cue from the Goa legislation, introduced the Offences against Children Bill, 2005, which after a couple of years of deliberation was rejected by the Law Ministry as unnecessary since, “most provisions for child protection already exist in different laws and therefore, there is no need for a separate enactment of legislation”.

The Bill, revived as The Protection of Children from Sexual Offences Bill, 2011, was introduced in the Rajya Sabha on 23^rd March 2011 by the Union minister of Women and Child Development, Krishna Tirath, during the Budget session of Parliament and was referred to the Department-related Parliamentary Standing Committee on Human Resource Development by the Chairman, Rajya Sabha.[1]

The Bill seeks – ‘to protect children from offences of sexual assault, sexual harassment and pornography and provide for the establishment of Special Courts for trial of such offences…’

Some of the key features of the Bill include –

1.      Definitions under the Act

The Bill is quite explicit in its definitions of the various sexual offences enumerated under the Act, and covers the following forms of sexual abuse among others, namely –

A person commits sexual harassment if - he uses words or shows body parts to a child with sexual intent, or shows pornography to a child or threatens to depict a child involved in sexual act through the media.

Sexual assault occurs when any person touches the vagina, penis, anus or breast of a child with sexual intent without penetration. (If the child is between 16 and 18 years, consent of the child will be a factor to be considered, as well as whether the consent was obtained against the child’s will or by threat or deceit.)

Aggravated sexual assault occurs when any act of sexual assault on a child is committed by a police officer, a member of the armed forces or a public servant, and includes gang sexual assault and assault using deadly weapons, fire or corrosive substances. The Bill also covers assault by staff of a private hospital and staff of an educational institution if the child is in that institution as well as those acts of sexual assault that injure the sexual organs of the child or takes place during communal violence or lead to pregnancy in the child or causes any disease such as HIV/Aids, or if the child is below is below 12 years of age. The definition also covers the crime of incest, i.e. sexual offences committed on the child by a relative of the child through blood or adoption or marriage or foster care or is living in the same household.

Penetrative sexual assault occurs when a person penetrates his penis into the vagina, mouth, urethra or anus of a child or makes a child do the same or inserts any other object into the child’s body or applies his mouth to a child’s body parts. (Consent of the child will be considered if the child is between 16 and 18 years of age, however it will also be considered if such consent was obtained against his will of the child or whether the same was obtained by providing the child with drugs, or by impersonation, fraud, undue influence, or when the child was sleeping or unconscious.

Aggravated penetrative sexual assault - will follow the similar provisions of aggravated sexual assault to cover all acts of penetrative sexual assault on a child committed by a police officer, a member of the armed forces or a public servant etc.

2.     Penalties under the Act

The Bill defining a ‘child’ to be any person below the age of 18 years, seeks to penalize persons who commit offences such as – sexual harassment, sexual assault, penetrative sexual assault, aggravated penetrative sexual assault and use of a child for pornographic purposes, defining these offences elaborately, to encompass all forms of sexual abuse, including that of incest, even though it does not use the term. The penalties for these offences vary according to the nature of the offence, with terms of imprisonment ranging from –

• 3 years and fine (in the case of sexual harassment); 
• 3 to 5 years and fine (in the case of the offence of sexual assault); 
•  5 to 7 years and fine (in the case of aggravated sexual assault); 
• 7 years to life and a fine (in the case of penetrative sexual assault); and 
• 10 years to life and fine (in the case of aggravated penetrative sexual assault).

The use of a child for pornographic purposes, earns a maximum penalty of rigorous imprisonment of 5 years and fine, which increases to 7 years and fine in case of a second/subsequent conviction. In case the use of the child for pornographic purposes is coupled with the offence of sexual assault or penetrative sexual assault including aggravated forms of the offence, the accused shall be punishable with life imprisonment and fine. Abetment in any of the offences under this act shall earn the abettor the same penalty as that provided for the offence he/she has abetted.  

3.     Attempt to commit any offence

While the Bill has been fairly comprehensive, with regard to the offences covered therein and the penalties prescribed thereunder, one of the areas of concern in my opinion exists in the penalty prescribed for ‘attempt to commit any offence punishable under this act’ covered under Clause 18. Under this provision – ‘whoever attempts to commit any offence punishable under this Act, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment of either description which may extend to one year or with fine or with both.’ It is my concern that this provision leaves the field open for abusers to get away with a negligible penalty.

The Indian judicial system has on several occasions, acquitted offenders or convicted them of lesser offences in the case of sexual crimes against children, deeming that the bodies of children are too immature for sexual activity. A case in point is that of –

State of Punjab v Major Singh [1967 AIR 63, 1966 SCR (2) 286], where the accused having raped a seven and half month baby girl was convicted of the offence of ‘outraging the modesty of a woman’ under Sec 354, IPC. That the Court did not see it fit to upgrade the charge to one of rape speaks terribly of the judicial system. The accused was awarded rigorous imprisonment for a term of 2 years and a fine of Rs. 1000, of which Rs. 500 was to be paid to the victim as compensation.

4.    Speedy trials/Special courts and Prosecutors

The legal system in India is plagued by delays, which not only prolong the agony for the victim, but often work in favour of the influential abuser and against those who may belong to more impoverished circumstances. 

In the attempt to provide for the speedy trial of sexual offences, the Bill provides for a Special Court (a Court of Sessions is to be designated as such) with a Special Public Prosecutor to try the same. Trials are also to be conducted in camera and in the presence of either the parents of the child or a family member/guardian/friend or relative of the child, with questions from both the prosecutor and the counsel appearing for the accused being put to the child by the court, to ensure that the child is not subjected to an aggressive line of questioning or character assassination.

5.    Penalties for false complaints

The Bill also provides penalties for false complaints and false information, done to humiliate, extort, threaten or defame the accused. The Bill however excludes children below 16 years from any penalty for any false complaint or information made/given against the accused, which in my opinion is prone to misuse, as often especially in cases of divorce, it would not be uncommon for one parent to influence a child from making false statements about the other parent in order to spite them. While a term of remand may not seem the appropriate action to be taken against the child in such cases, there does need to be some form of counselling or therapy given to the child, to be mandated by the court, as well as a penalty imposed on the adult who has instigated the child.

6.    Protecting the child from further exposure to the abuser

Another important feature is that the Bill seeks to protect the child from exposure to the accused during recording of the evidence, by either using a video conferencing facility, or by adopting the usage of single visibility mirrors or curtains or any other device, while at the same time making sure that the accused is in a position to hear the statement of the child and communicate with his advocate.

7.    Where the abuser is a child  

In the event that the abuser is another child, the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 are to apply to such child, and the child would be treated as a child in conflict with the law, as per the provisions of that enactment.

8.   Protecting the identity of the child

The Bill also envisages a set procedure for the media on reporting cases of child sexual abuse, barring them from giving personal details of the child (victim), including the name of the child and of members of the child’s family or any other form of reporting which can lead to the identification of the child.

While there is relief that the Bill has finally come close to the possible conclusion of its long journey towards enactment, what is eagerly awaited is the actual nod of Parliament and the Presidential assent on the same, without any negative corrections being made to the contents of the Bill, which may seek to dilute its potency, and render it ineffective. There are some areas however that do need to be addressed in Bill, as have been mentioned in places above. In addition, what is also conspicuous by its absence is the lack of counseling support from quality independent counselors, analyst and psychotherapists, as well as psychiatrists whose services should be requisitioned by the government to work closely not only with the traumatized victims but also with their offenders, due to the high incidents of recidivism with regard to such crimes.

The act should be one that not only penalizes the offender on commission of sexual offences against a child, but works with them to prevent further occurrences. It is imperative to realize that we need to change our laws from the mere penal to the preventive. Having stated this I look forward to the enactment seeing the light of day in 2011 itself. This is a law that is long overdue, and then perhaps we can also consider the Private Member Bill, which addresses exclusively the crime of incest, introduced by Rajya Sabha M.P. Mahendra Mohan, on 25^th February 2011, namely – The Incest and Sexual Abuse in Family (Offences) Bill, 2010.[2]

It is time to take bold and speedy steps to safeguard our children and to uphold their right to a life that is full, free, and above all – safe from discrimination and abuse.

---

[1] Intimation thereof was published in the Parliamentary Bulletin Part-II dated 29^th March, 2011, vide paragraph No. 48393.

[2] http://164.100.47.5/Bullitensessions/sessionno/222/250211.pdf

Children – Unseen Victims of Sexual Abuse – (Part I)

Introduction

In January 2010, a two judge bench of the Supreme Court, comprising Justices Dalveer Bhandari and A.K. Patnaik, in response to a PIL brought by several NGOs, asked the government to take firm steps to curb sex tourism in the country and register cases of rape against those pushing children into prostitution or having sex with them. The Court said that it was shocking that 70% of the sex workers in the country were children and wanted the government to come out with foolproof measures to curb child prostitution, child trafficking and sex tourism. “Just taking them out of the brothel and putting them on the streets is not going to solve the problem. The efforts will bear fruits only after they are properly rehabilitated which is their right (children) under Article 21 (right to liberty),” the apex court said.

The newspapers nowadays are full of reports of children being raped or sodomized. Whether it’s the Kavdas orphanage case, or the rape and murder of young girls in Kurla in Mumbai, or the Anchorage matter, or the case of Ruchira Girhotra – the 14 year old schoolgirl who committed suicide after she and her family were targeted by her influential abuser, IG Police (Haryana) S.P.S. Rathore, or the case of the 9 year old girl who was raped by her 26 year old neighbour in whose custody her father left her, the cases are heart-wrenching. What is worse is that often the perpetrators of such offences are either acquitted or get away with nothing more than a slap on the wrist or a minimum jail sentence, convicted as they often are of – in the case of the rape of young girls, ‘outraging the modesty of a woman’ under Sec 354, IPC or ‘attempt to commit any of the offences punishable with imprisonment’ under Sec 511, IPC, but not for the actual offence that they have committed.

In India, we unfortunately do not have an effective system to counsel victims or separate them from the harshness of having to face their attackers, so while some of them turn hostile, others are afraid when forced to confront their attackers, some are unable to recount the incident(s) of abuse, while others may be coerced, threatened, or emotionally exploited in order to have them retract their statements. This unfortunately often results in the acquittal of the abuser even in situations when the law presumes their guilt. 

‘Uttar Pradesh has achieved the dubious distinction of reporting the maximum number of child sexual abuse and rape cases, and the national capital comes a close second. The country's largest state in terms of population has reported 61 child sex abuse cases and 900 cases of rape of children, with Delhi coming next with 52 child sexual abuse and 301 rape cases, according to the National Commission for Protection of Child Rights (NCPCR).’ 

Child Sexual Abuse

Child Sexual Abuse (CSA) is a terrible crime, and takes various forms, such as – pornography, molestation, rape, incest, trafficking, prostitution, and child marriage, among others. And in a country like India where a child is mostly invisible, with no identity, the question of creating and implementing laws to protect children from offences that are sexual in nature takes on serious dimensions. Apart from that – the truth remains that often instances of sexual abuse or violence of any kind against children are perpetrated by people whom the child knows, and with whom the child shares a fiduciary relationship of some sort. For instance – the relationship could be one between a parent and a child, or between a grandparent and a grandchild, or one between an uncle and his niece or nephew, or between a guardian and his ward. The abuse is often unseen, unheard and invisible and that the child is almost never taken seriously or at the worst doubted when they pick up the courage to speak, makes it a crime of heinous proportions.

Who is a child?

Article 1 of the Convention on the Rights of the Child, defines ‘the child’ as – ‘every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier’.

In India, ‘child’ has been defined differently in the various laws pertaining to children. For instance – 

The Indian Penal Code defines a ‘child’ in terms of Sec 90 which deals among its other provisions with ‘Consent of Child’ as being given under fear of injury or under a misconception of fact – if the child is under 12 years of age and the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception. The section also covers persons who due to unsoundness of mind are unable to understand the nature and consequence of the act to which he/she has consented. And then again under Sec 375 – ‘Rape’, the section lays down the age of sexual consent for girls is pegged at 16 years, but if married at 15 years of age – this is a glaring anomaly, given that most of the marriage laws in India have laid down the marriageable age for girls at 18 years and for boys at 21 years. [The Criminal Laws (Amendment) Bill, 2010 which is pending enactment meanwhile considers increasing the age of consent of women under Sec 375 to 18 years of age.]

The Prohibition of Child Marriage Act, 2006, meanwhile defines a ‘child’ as – ‘a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.’ 

The Immoral Traffic Prevention Act, 1956 defines a ‘child’ as – ‘a person who has completed the age of sixteen years’, and a ‘minor’ as – ‘a person who has completed the age of 16 years but has not completed the age of eighteen years’.

This ambiguity with regard to the age of consent has often come in the way of justice, with even the judiciary at times displaying bias.

In Tukaram vs State of Maharashtra [AIR 1979 SC 185] (also known as the Mathura rape case), Mathura a 16 year old tribal girl was raped by policemen within the precincts of a police station. The Sessions Court accused the victim of being a liar, stating that since she was ‘habituated to sexual intercourse’, she had consented to the act, and therefore the act could not be termed as rape. The Nagpur bench of the Bombay High Court in appeal set aside the judgment of the Sessions Court, and sentenced the two accused, Tukaram and Ganpat to one and five years rigorous imprisonment respectively, holding that Mathura's ‘passive submission’ was due to fear caused by threat, which could not be construed as consent. In a judgement that can be considered as a black mark on the Supreme Court, the apex court acquitted the accused, on the ground that Mathura had not raised an alarm and there were no visible marks of injury on her body and so she had consented to the act.

The case however galvanized the movement for reforms in the rape laws of the country. The Criminal Law (Amendment) Act, 1983, amended Sec 376, IPC, enhancing the penalty for rape, by providing for a minimum punishment of 10 years imprisonment which can be increased to life imprisonment, for police officers or the staff of a jail, remand home, hospital or other places of custody established by law. The Act also inserted a new Sec 114-A into the Indian Evidence Act, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape, at least partially – Which means that if the victim states that she did not consent to the act, the Court shall presume that she did not consent.

Meanwhile sexual offences against the girl child in particular, ranging from molestation, sexual assault and rape (as per the IPC’s definition of peno-vaginal intercourse, with penetration) have continued over the years.

In Prem Narayan vs State of Madhya Pradesh [1989 CrLJ 70734] – The accused while attempting to penetrate a 9 year old severely injured her. Due to the pain the girl did not permit the doctors to carry out an internal examination. Hence the exact extent of the vaginal tear could not be determined. The court however without concern as to the physical or emotional state of the child gave the maximum benefit of doubt to the accused, and convicted him only of an attempt to commit rape. On appeal the High Court commented that the accused had erroneously escaped punishment for rape but held that since the State had not appealed against it, it would not be proper to look into the question.

In Bhansingh vs State of Haryana [1984 CrLJ 786], where a 7-year-old girl was raped by a boy of 18, severely injured and left in an unconscious condition, the appeal to the High Court to enhance the sentence of the accused was dismissed on the ground that – ‘Although rape warrants a more severe sentence, considering that the accused was only 18 years of age, it would not be in the interest of justice to enhance the sentence of five years imposed by the trial court.’ Nowhere did the court consider the fact that the victim was a child and would have to permanently carry not only the physical and emotional wounds of being raped, but the social stigma that accompanies such offences especially in closed societies like ours. The interest of justice for the 7 year old victim escaped the attention of the court.

But sexual offences against children are not limited to girls alone and often male children suffer sexual abuse at the hands of parents, relatives, teachers, older children, siblings or even strangers. Indian law however apart from the provision of Sec 377, IPC, which is used routinely by the police to harass adult men who have consensual sex with other adult men, does not effectively use the provisions of that law to address the issue of sexual abuse of male children, which may or may not include sodomy.

The first ever National Study on Child Abuse, conducted in 2007, under the aegis of the Ministry of Women and Child Development, covered 13 states in India and 12,446 children, and released the following statistics with regard to child sexual abuse –

• More than 53% children report facing one or more forms of sexual abuse
• Almost 22% faced severe sexual abuse, with 6% being sexually assaulted
• 50% of the sexual offenders were known to the victim or were in positions of trust with the victim (family member, close relative, friend or neighbour)
• The onset of abuse is from 5 years of age
• Boys were equally at risk as girls
• The severest instances of sexual abuse occurred in the age group of 11-16 years
• 73% of sexual abuse victims were in age group of 11-18 years.

Given these figures it is shameful and regrettable that in a country like India which has a history of violence – sexual or otherwise towards woman, young and old, and which is increasingly being viewed as a prime tourism destination by paedophiles, the law has largely remained inert and often discriminatory on this crucial issue. Not just that, but often members of the judiciary, lawyers and judges alike have sought to discredit young victims, adding further to their victimization.

In Mohd.Habib vs State [1989 CriLJ 137, 1988 (2) Crimes 677, 35 (1988) DLT 170], the Delhi High Court acquitted a rapist of a seven year old girl, on the grounds that there were no marks of injury on his penis, which in the opinion of the High Court would have indicated resistance on the part of the victim. The Court erred in dismissing first person eye-witness testimony to the dastardly act, and more importantly the fact that the victim was a child of seven years, that she had suffered a ruptured hymen and that she had bite marks on her body, and pronounced its verdict based on the findings that – ‘the underwear of the prosecutrix (i.e. the victim) also did not contain any blood or semen… the underwear of the appellant (i.e. the alleged rapist) taken into custody at the hospital also did not show any semen stains.’

This verdict followed that of Rahim Beg vs State of U.P. [1972 Cri. L.J. 1260] – where the judgement of the court reeked of ignorance in holding that:

"... if a girl of 10 or 12 years who is virgin and whose hymen is intact is subjected to rape by a fully developed man, there are likely to be injuries on the male organ of the man. No injury was, however, detected by the doctor on the male organ of any of the two accused. The absence of such injuries on the male organs of the accused would thus point to their innocence."

One may argue that in a country like India, and in the world in general, the laws with respect to sexual offences against adults are themselves in dire need of appraisal and strengthening. But the fact of the matter is that in most cases, adults can articulate and express themselves, and therefore stand a greater chance of being heard. The same is not true of children who are often not only unable to comprehend the nature of the acts being performed on them, but often lack the necessary skills or even the vocabulary to articulate the extent of the offences. This leaves them further vulnerable to exploitation by not only the offenders, especially when the offender is a member of their family, but in the event that they do bring the act/s to the notice of any authority – to disbelief and further exploitation by the police, or by lawyers, and by members/officials of the protection homes, orphanages or facilities that are set up for the care of children in these situations. Compounding their problems with the authorities is the general lack of support from their immediate families in case the offender is a family member.

Organisations working in the area of CSA

In India, there are several organisations working in the area of Child Sexual Abuse, notable among them are: 

• The Rahi Foundation, set up in 1996 is a Delhi based organisation that works towards prevention and intervention in the area of incest and child sexual abuse, which includes working with adult survivors of incest/CSA;

• Tulir – Centre for the Prevention and Healing of Child Sexual Abuse, a Chennai based organisation launched in 2002; and

• Arpan, a Mumbai based organisation launched in 2003, working towards the prevention and healing of child sexual abuse.

What is Child Sexual Abuse?

Arpan defines Child Sexual Abuse (CSA) as – ‘any act directed at a child by an adult or older person for the sexual gratification of the adult or older person', and includes:   

• Exposure to sexual activity or pornography
• Sexually explicit talk or hint 
•  Sexual touch or fondling
•  Rape or attempted rape

Tulir – Centre for the Prevention and Healing of Child Sexual Abuse defines CSA as – ‘the use of a child for sexual gratification by an older or more powerful person’, and includes the following touch and non-touch related forms of behaviour.

Touch related behaviour includes -

• Fondling a child's body for sexual pleasure or rubbing one’s genitals against the body of a child 
• Kissing a child with sexual undertones/inclinations 
•  Sexually touching the body of a child, specifically the private parts (breasts and genitals), and encouraging or forcing a child to do likewise 
• Encouraging or forcing a child to masturbate, or to perform oral sex (mouth-to-genital contact on or by the child) 
•  Inserting objects or body parts (like fingers, tongue or penis) inside the vagina, mouth, or anus of a child; and attempts at performing any of these acts.

While non-touch related behaviour includes -

• Encouraging a child to watch or hear sexual acts either in person or by lowering the bars of privacy 
• Looking at a child sexually 
• Exposing one’s private body parts to a child (exhibitionism) 
• Watching a child in a state of nudity, such as while undressing, using the bathroom, with or without the child’s knowledge (voyeurism) 
• An adult making suggestive comments to the child that are sexual in nature. Commenting on the sexual development of a child 
• Encouraging or forcing a child to read/watch pornography, giving pornographic material or using the child in pornography

The process of sexually abusing children varies according to the abuser, and the circumstance, and may either take the form of an elaborately planned out and orchestrated event or series of events, with the abuser taking the time to groom his/her victim and carrying out the abuse, or it may be a spur of the moment event, encouraged by the vulnerability of the child in any given situation where the abuser finds himself/herself in a position where he/she can dominate the child with force, coercion, teasing, flattery, a display of love and concern or a combination of any of these. At times child sexual abuse may also make use of technology such as mobile phones and the internet to either lure victims or to disseminate information of a pornographic nature either in textual or visual form, using young children as subjects to feed a worldwide audience of paedophiles or the growing child-sex tourism industry.

 To be continued in Part II…..