Appendix 18 - Child Abuse and Information Technology (ICT)

Contents

1. Introduction
2. The Sexual Offences Act 2003
3. Role of the Children & Young People's Service and the Police
4. Role of the Child Exploitation and Online Protection Centre

1. Introduction

This appendix provides information on the Sexual Offences Act 2003 and guidance on the role of investigating agencies in investigating offences involving children and young people.

The Internet has now become a significant tool in the distribution of child pornography. Abuse of children occurs using a range of media, such as digital cameras, computer web-cams, telephone and photographic images of children. Child abuse images on the Internet are a concern to parents and all those working with children. It is important to be mindful that such images are actual child abuse. They are not passive acts and the children portrayed are victims of crime.

Adults also use the Internet to try to establish contact with children with a view to 'grooming' them for inappropriate or abusive relationships.

2. The Sexual Offences Act 2003

The Sexual Offences Act 2003 sets out a legal framework to protect children from Sexual Abuse. It makes it clear that children aged under 13 years can never legally give their consent to sexual activity, and all penetrative sex with a child of this age carries a maximum penalty of life in prison.

The Act describes other offences such as inciting a child to engage in sexual activity and applies even if the intended sexual activity does not take place. It is also an offence to engage in sexual activity when it is known that the child can see the activity take place or the abuser believes or intends that the child can see them.

It is an offence to intentionally cause a child to watch images such as videos, photos or webcams for the purpose of the gratification of the abuser.

Under the Act, anyone aged 18 years or over, who has communicated with a child under 16 at least twice, (including communication by phone or Internet), will commit an offence if they meet them, or travel to meet them, anywhere in the world with the intention of committing an offence.

The Act makes it an offence to take, make, permit to take, distribute, show, possess with intent to distribute, or to advertise indecent photographs of children.

The Act also provides protection to young people under 18 from abuse by people in positions of trust.

3. Role of the Children & Young People's Service and the Police

Investigations following disclosure or allegation of abuse will follow the Wolverhampton Safeguarding Procedures and relevant government guidance.

All Safeguarding Children Support Service officers and Children & Young People's Service social workers should be aware of the above offences  and when conducting investigations ask questions about the use of the internet, photography, web-cams, mobile phones or other media. They must also be mindful that this aspect of abuse is very distressing and probably of great concern to the victims as images shared cannot be retracted. Timing of the questioning will require sensitivity. Victims may not always be willing to disclose this form of abuse during an Achieving Best Evidence interview. The use of visual recording equipment in interview is also something that should be reviewed - if a child had been subjected to abuse in front of recording equipment there are issues to consider about the use of such equipment for interviewing.

When conducting Sexual Abuse investigations, enquiries should be made as to the existence of computers and other devices in the home of the victim and the alleged abuser. The alleged  abuser's place of work should also be considered. The police paedophile unit should be informed and the computers examined/seized for investigation for child abuse images. It has been found useful for those police who conducted the search to also view the seized material as they may recognise the environs in the background of the images as seen in the offender's house.

When investigating internet related offences such as possession and distribution of abusive images, the police should be mindful that the individual may be producing abusive images or be in contact with individuals who are producing such material. Therefore, the Children & Young People's Service should be notified of such cases because of:

Social workers should be fully informed on the nature of the abuse and what is depicted in the images.

The purpose of such actions and enquiries will be to establish what support can be offered to the child, and if any criminal offence has been committed. The paramount concern will be the child's welfare. Support should also be offered to the victim's family and the offender's family (if different) - the family will be in need of support themselves, but also have a key role in providing support for the victim.

If social workers undertaking a Section 47 Enquiry learn that internet, photography, web-cams and other media have been involved, they should inform the police Child Abuse Investigation Unit immediately.

Equipment suspected as being used for these purposes must not be examined or interfered with in any way. It may be used as forensic evidence in court later, and the evidence should not be compromised.

The Police will contact relevant colleagues to investigate and dispose of the material appropriately and consistent with criminal forensic requirements.

When conducting assessments using the Assessment Framework, social workers should be aware of the significance of the harm done to the child/young person from this form of abuse. The long term effects should be considered because issues may arise with children's greater understanding of the images and their distribution on the internet as they grow older. The short and long term effects must be incorporated into the assessment. Child and Adolescent Mental Health Services will advise the social worker and support the child as appropriate.

Support and counselling should be available to both social workers and police which would acknowledge the impact of viewing abusive images.

4. Role of the Child Exploitation and Online Protection Centre

The Child Exploitation and Online Protection Centre provides specialist training on child Sexual Abuse on the internet to education and child protection agencies. It is able to track and seize assets from people trading in images of child abuse and ensures new technological and internet products incorporate child protection features.

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