Regional Conference on Legal

Protection for
Child Victims of Sexual Exploitation in
Southeast Asia
October 23-24, 2013
Mercure Nusa Dua, Bali, Indonesia

Executive Summary
The Regional Conference on Legal Protection for Child Victims of Sexual
Exploitation in Southeast Asia was held in Bali, Indonesia, on 23-24 October
2013. This two-day conference, which covered a lot of ground on premeditated
behavior leading to, and the consequences of, the commercial sexual
exploitation of children [CSEC], was organized by ECPAT Indonesia in
collaboration with the French Embassy. Global experts from various fields law
enforcement within the ASEAN region, France, USA and Australia, child protection
NGOs, experts in social psychology, Indonesian government institutions, UNICEF,
UNODC and lecturers of law participated to highlight critical questions on the
methods applied by perpetrators today to sexually exploit children through new
technology; what constitutes as sexual crimes against children; what role do law
enforcers play in the rescue, recovery and protection of child victims of sexual
abuse.
Those who participated actively in the conference comprised of co-partners such
as the Australian Federal Police [AFP], the Indonesian Police Headquarters
[MABES POLRI] and TDH Netherlands. A total of 19 speakers graced six thematic
panels. An interesting exchange of knowledge on child victims of sexual crimes,
the best practices of the law to protect these victims and the legal mechanisms
available in Southeast Asian nations, Australia, the US and France took place.
Brief recommendations were made on how to tackle certain issues in view of its
current manifestations.
Interesting issues raised by the panel speakers included discussion on whether or
not child victims need to undergo interviews linked to their ordeal over and over
again - first by the police and then in a courtroom trial - when there are
permanent records in the form of photo or video documentation; what
constitutes as child abuse images; and in what forms can legal mechanisms and
legal institutions offer protection to child victims of sexual abuse.
CSEC, the conference panel speakers underlined, can and will cause severe
psychological consequences for child victims, including depression, low selfesteem, restlessness, concentration difficulties, aggressive behaviours and
repressed anger. They might experience difficulties with trusting people. Their
role boundaries may be blurred. Child victims of CSEC need to obtain judicial
remedies in the form of conviction of the perpetrator and financial compensation,
but they also need to access assistance and support under child protection
legislation recovery.

One primary recommendation was that priority needs to be given to victim

identification, rescue and protection, including from hardships during the course
of an ongoing investigation into the crime. Appropriate therapeutic facilities are
required to support victims after they have been rescued. Recommendations
were also made for the need of a clear and a strong legal framework that is
consistent with international standards. And that possession of offline and online
child abuse images be made an offence irrespective of one's intent to distribute.
On the note of questioning child victims, panel speakers reiterated the need that
law enforcement should have officers trained in "child-friendly" interview
techniques when dealing with child victims of sexual abuse, and time and efforts
need to be put in to educate law enforcement officers, so that a suitable
environment is created where the victim feels comfortable enough to speak up to
officers of the law.
Notable contributions to the conference also came in from a number of
participants who posed thoughtful questions to panel speakers. An activist from
Bali pointed out that there were zero shelters or drop-in centers for child victims
of abuse located in far-flung villages in Bali itself - some inaccessible by road,
while others located about 3 hours from Denpasar, the capital of Bali. This
activist ended up housing the child victim in her home, and she posed the
question - what can activists do about providing a protective home for child
victims, when there are no special drop-in centers to house them? Another came
from a policewoman who alerted audiences and provided them with a reminder:
poor communities will and do fiercely protect suspected pedophiles - both
foreigners and locals alike - who spend money and provide these communities
with schooling, homes and clothing. She cited a case where Bali Police officers
had to go to a community in search of information on a suspected pedophile, and
failing to extract any information from the community because they were
protective of the man.
Another participant asked: how can a child receive adequate protection and
justice, when there are no witnesses to the crime and the only ones who actually
know what transpired exactly, are the suspect and the child victim?
Reminders were raised to the effect that when a child is interviewed, every detail
matters. The "He Said, She Said" fallacy was pointed out as a case where the
only witnesses are the complainant and the suspect. The logic behind this
fallacy - and it is a fallacy applied by law enforcement officers in child abuse
cases - is that one of the witnesses is always lying, and since it could be either
the complainant or the suspect, both are presumed unreliable witnesses.
Mentions were made for the need of a forensic interview which involves a short
recording between the interviewer and the child, and questions asked are nonleading. Aspects such as body language of the child during the interview are to
be noted. Also, special care needs to be taken to analyze what a child does not
say.
In terms of restitution and compensation for the child victim, examples were
cited in the case of Thailand, for instance, where before the year 2003 - focus
was more on punishing the abuser rather than on providing restitution and
compensation for the victim of a crime. However, after 2003, the country's
Criminal Procedure Code was amended to allow victims to file a motion to the
court trying the criminal case, forcing the accuser to pay the restitution to the
victim. Obstacles however remain in terms of the execution of the judgment in

court and the confiscating the assets of the offenders so that payment can be
made. In Indonesia, meanwhile, even as there are regulations that allow for
payment of restitution, the technical aspect in terms of implementing the
execution of payment for child victims is not available.
This conference report will provide a summarized version of discussions held.
The conference began with and ended on an underlying note that served as a
reminder throughout the discussions: there are many reasons why a majority of
sexual abuses go undetected and unreported. Among them are a deeply
embedded culture of silence that lasts for years; not understanding the legal
procedures that need to be taken to report a case and see it brought to court;
children experiencing deep embarrassment of not being taken seriously by
parents; and above all, fear of a childs safety.
Bali,

23-24

October 2013

Introduction
Criminals and crime syndicates organize the trafficking of vulnerable children for
commercial sexual exploitation. These criminal elements service an ever-growing
demand in a market dominated by male customers who seek unlawful sexual
gratification with children. Corruption and collusion, absence of and/or
inadequate laws, lax legal measures, and limited sensitization of law
enforcement personnel to the harmful impact on children, are all further factors
which lead, directly or indirectly, to the commercial sexual exploitation of
children. It may involve the acts of a single individual, or be organized on a small
scale (e.g., family and acquaintances) or a large scale (e.g., criminal network). 1
Sexual crimes and exploitation against children not only occur in a particular
region but also operates transnationally. Numbers of child victims of sexual
exploitation have considerably increased in both its scale and intensity around
the world, particularly due to new technology.
It is difficult to estimate how many children in Southeast Asian countries in fact,
around the world - are victims of commercial sexual exploitation, even more so
to disaggregate how many are victimized through child sex tourism, child
pornography, child prostitution or sex trafficking. A majority of child sexual abuse
cases are unreported and undetected. For decades, child sex abuse perpetrators
have targeted children in countries within the Southeast Asian region. Thailand
and the Philippines, partly due to their existing sex industries, have been
frequently associated with child sex tourism. However, other countries have
emerged as prime child sex tourist destinations: Cambodia and Vietnam have
suffered an influx of child sex tourists as a result of increased efforts to combat
the issue in Thailand. Indonesia has also witnessed a growth in the abuse of
children by tourists, showing that sexual exploitation of children in tourism shifts
as political, economic and social development occurs. 2
In Southeast Asia, domestic legislation on the protection of victims of sexual
exploitation against children differs from one country to the other. Some

1 Stockholm Declaration (ECPAT International Report of the World Congress III Against Sexual
Exploitation of Children and Adolescents, September 2009)
2 ECPAT International, Combating Child Sex Tourism, 2008

countries have delivered very good protection to victims by providing

compensation and restitution. Some fail to pay any attention to the victims.
The United Nations Resolution No.40/34 on Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power states that a country is
obliged to consider compensation and restitution for the victims of a crime. The
Optional Protocol on Sale of Children, Child Prostitution and Child
Pornography (OPSC) also delivers more specific considerations to the obligation
of a country on providing compensation, restitution and rehabilitation for victims
of sexual crimes against children. France, South America and Australia have
improved on their existing regulations and the provision of compensation to
victims once punishment is meted out to child sexual crime offenders.
Through this two-day regional conference in Bali, held in October 2013, a deeper
understanding about the legal systems, strengths and weaknesses to providing
protection of child victims in countries such as Indonesia, Thailand, the
Philippines, Australia, France and the USA will be learnt. Identifying obstacles on
multilateral work in the region and how to build cooperation with countries
whose experiences and legal systems do effectively address such issues will be
communicated in detail.

What Law Enforcers Should Know

About Child Victims of Sexual Crimes
Presentations By:
Chiam Heng Keng and Junita Upadhyay

Chiam Heng Keng, Malaysias Representative to ACWC

What constitutes as sexual crimes against children? Most law enforcers associate
sexual crimes to principally rape and molestation. More and more however, child
sexual molestation is becoming rampant, particularly through ICTs, online and
phone-based communication, and encompasses a broad range of exploitative
activities from the non-abusive which imposes profound psychological damage
to a child, to abusive acts that contribute to both physical and psychological
damage to the victim. One recent example is of 27 men being charged for having
sex with a 17-year-old girl who offered herself on the internet. Another is of an
older man conducting sex with a 13-year-old, an act preceded by exchanges of
messages through mobile phone texting. And then it goes on to steps taken
toward organized crime - trafficking.
Law enforcers therefore must know what constitutes as sexual crimes. Why?
They are the first ones who receive reports of sexual crimes, and they carry out
the investigations of those crimes. To protect children effectively, law enforcers
need to comprehend the psychological and physical impact on child victims of
sexual abuse. Such abuse includes non-violent acts like fondling, or children
being paid a certain sum to undress themselves. The extent of physical or
psychological damage can depend on the duration of the abuse [long or short
period of time].

A majority of sexual abuse cases involving child victims go undetected. Firstly,

there is a culture of silence due to deep shame on the part of the victim.
Secondly, because of how these acts are carried out by perpetrators including
binding the child to secrecy, sometimes under threat - it is very difficult to find
out how many children have been abused. Also, perpetrators offer child victims
gifts. They build a rapport with the victim first, before engaging in sexual
relations. This is referred to as grooming. It could also involve supplying the child
with drugs or alcohol before the abuse begins.
Another common form of sexual crime is the transaction of indecent images of
children through webcams or social networking sites. Then, there is online
chatting between an adult and a child which leads to sex chats on the net, and
then meeting up for sexual purposes. The child could also be tricked into
producing indecent images of himself or herself. Through this method, the
perpetrator can sexual exploit a large number of victims.
Due to the profound effects of this abuse, social integration and the well-being of
the child victim is severely compromised. The victim may suffer from headaches,
sleeplessness, anxiety, stomachaches, low self-esteem, rage and repressed
anger. They could suffer from an inability to form relationships all their lives if
their psychological health goes untreated. On one end, some could isolate
themselves. On the other, they could exhibit promiscuous behavior and are
sexually advanced.
Sexual abuse can also lead to psychosis in the victims. Manifestations of these
physical and psychological problems can include self-mutilation, extreme
promiscuity, overeating, loss of appetite and suicidal attempts.
Law enforcers can either protect child victims from suffering further physical and
psychological hardships, or cause greater harm physically and psychologically as
child victims seek for protection and justice.
Protection of the privacy of child victims is of utmost importance. Measures must
be taken from exposing to the public the identity of the victims to protect them
from being ridiculed, shamed, ostracized, labelled by classmates, friends,
neighbors or the general public.
Where medical examinations are needed, care should be exercised for it to be
minimally intrusive. Medical examinations that are capable of offending the
childs modesty should be carried out only when absolutely necessary. The child
should have the right to choose the gender of the medical staff. The child has the
right for a parent, guardian or a trusted adult to be present at the medical
examination.
Law enforcers should identify and convey to child victims or their legal
representatives at the first encounter relevant information pertaining to available
assistance and access to justice. The information is to be given in a child-friendly
manner, adapted to the age and the capacity of the child victim. ****

Junita Upadhyay,
Programs

ECPAT

International

Deputy

Director

for

Why is it important to protect victims of CSEC? It is firstly the duty of the state to
protect who it fails to protect. This duty is in accordance with international,
regional and national legislative instruments - Trafficking Protocol, Convention on
the Rights of the Child and Optional Protocol. Also, the ASEAN Declaration
against Trafficking in Persons Particularly Women and Children, and the
numerous Memorandum of Understandings (MOU) between countries in the
region. The more victims are protected by the state, the more they will
collaborate with the state during the prosecution stage, and ideally, the more
convictions will be issued.
So who should know more about this issue? All the law enforcers: the police,
public prosecutors, judges and lawyers. Those also in the know should include
psychologists and the social welfare workers involved.
Non-Criminalisation: Child victims are often arrested, detained, charged and
sometimes prosecuted for unlawful activities related to trafficking such as illegal
entry into the country and engaging in prostitution. Child victims should not be
criminalised as a result of being subjected to CSEC crimes. Criminalisation of
trafficking victims is also prohibited by the Trafficking Principles and Guidelines
2002 (Guideline 5), the 2005 European Trafficking Protocol (Article 26), and by
the 2011 European Trafficking Directive (Article 8). It is imperative that when
children report commercial sexual exploitation and trafficking to police, they are
protected from prosecution themselves.
Victim Identification: Prompt victim identification is a primary method of
avoiding criminalization. Furthermore, identification of the victims protects
his/her rights. The UNODC, in its On Line Toolkit to Combat Trafficking in Person
developed strategy for the identification of the victims. UNODC underlined the
actions that all states, intergovernmental and non-governmental organizations
should follow, including to produce guidelines and procedures for state authority
and officials to permit for a rapid and accurate identification. The police and
social workers should be trained on and be able to identify the so called
indicators of different potential crimes related to child sexual abuse - from
trafficking to prostitution, child sexual abuse material, neglect, or sexual
violence.
Medical Treatment: Immediate medical assistance should include, at a
minimum, health screening aimed at identifying the possible necessary care to
be subsequently pursued. It is important to know which kind of traumas the
victim may have suffered to be ready to assist the child with appropriate support.
Particular attention should be paid to the nature of the crime under
consideration: as a sexual crimes victim, the child should undergo specific
analysis intended to exclude sexually transmitted diseases (STD). Furthermore,
preliminary psychological support should begin.
Safe Accommodation: The location selected to accommodate a child victim
who comes forward must be a secure place, where the victim is protected from
the accused persons and other potential traumatic dangers. Recovery programs
should start as soon as possible.
Child-Friendly Interviews, Data Collection and Psychological Assistance:
In a criminal law context, there is a need for child friendly procedures for taking
evidence from CSEC victims - from when they report the crime, to when evidence
is given in court. Interrogations during the investigation phase must follow

specific rules for the protection of the child victims (eg. female police officers,
psychologist assisting the interrogation, no repeated questioning of the victim,
use of child-friendly rooms and techniques of interrogation). The video recording
of the interrogation might be helpful for future use in court, in order to prevent
the child from having to re-testify in person during trial.
Protected Participation: Child sensitive procedures must be set during the
trial phase, in particular during the hearing. The childs particular vulnerability,
associated with the potential risk of intimidation, impose the adoption of all
possible measures to limit psychological damages (also related to the sight of
the accused person). Material and legal techniques can range from the
equipment of the interview room specifically designed for children, to the use of
closed-circuit television or video conference during the testimony and the use of
witness pre-trial statement instead of court testimony.
Legal Assistance: To ensure that child victims are informed, their views heard
and taken into account, and their best interests respected in the legal process,
legal assistance should be provided. The legal guardian has several
responsibilities including appointing a lawyer, acting as a legal representative in
all proceedings, assisting the child during the hearing/interview, explaining the
judicial decisions to the child and ensuring the child fully understands all
processes. ***

The Role Institutions Play to Protect

Witnesses and Victims in Child Sexual
Offenses
Presentations By:
Lili Pintauli Siregar, Sandra Booth, Wanchai Roujanavong and Christina
Sevilla

Lili Pintauli Siregar, Indonesias Victim and Witness Protection

Agency [LPSK] Representative
LPSK came about following a huge push from civil society organizations in the
year 2000 for an institution that could ensure witnesses and victims to be
present during legal processes. From 2000 to 2006, there were a lot of cases that
were facing difficulties in being brought to court because witnesses were too
scared to come forward because of threats they received. The LPSK was
established based on Law No. 13 of 2006 on Victim and Witness Protection in
Indonesia.
In 2006, the law was issued. LPSK was only established in 2008. It has the
responsibility firstly to provide protection to witnesses and victims who will give,
are giving, or have previously given testimony in a legal process. LPSK is also
responsible to provide a sense of security for family members of witnesses and
victims, both physically and psychologically.
Next, we are responsible to establish a certain system on the type of protection
and aid provided for witnesses and victims. How does the LPSK function? First,
we accept requests for protection from witnesses and victims in accordance to
Article 26 of Law No. 13 of 2006. Then we issue a ruling for the protection of
witnesses and victims following a plenary meeting of seven members of the
LPSK, based on the proposed request for protection.
We can discontinue witness and victim protection on the condition that the
parties concerned have violated the rules agreed previously together with the
LPSK.
Restitution and Compensation: LPSK has the right to ask the court for
compensation in grievous human rights violation cases, as well as restitution
rights or compensation that becomes the responsibility of the offender. LPSK
facilitates restitution proposals as requested by victims or witnesses. We accept
written requests from victims or their representatives for aid, such as medical or
psycho-social aid. We determine the feasibility of the period and the amount of
cost needed, in accordance to Governmental Decree no. 44 of 2008. This is
detailed in an agreement between LPSK and the dependent parties (protg). So
before a protection [request] is granted or executed, the agreement needs to be
signed and approved.
In providing its services, LPSK does not work alone. It works with hospitals, or
psychologists or psychiatrists for those who need medical or psychological aid.
We also work with law enforcers to provide security for the witness/ victim, or the
safety of their family members or properties.
Protection Requests: What are the key criteria in following up protection
requests? First, according to LPSKs analysis, the case involves a crime that can
gravely endanger the parties concerned. This is in accordance to Article 28 of
Law no. 13/2006. Next [the parties] testimony is very important for the judicial
proceeding of a crime. This analysis is then taken into account, deliberated and
decided upon in a plenary session - whether an individuals request is to be
granted or not. If it is granted the next process would be to provide protection.
If we refer to Article 6 of Law 13/2006, [it is mentioned that] aid can only be
given for victims of grievous human rights violations.

However, in the case that witnesses and victims of a crime are unable to be
present during [police] interrogations because their physical or psychological
condition are not fit enough or they still suffering from trauma, LPSK will provide
assistance beforehand to help with their physical or psychological condition. This
is to prepare them physically and psychologically to give testimony in police/
court interrogations.
Child-Related Offenses: Looking back, LPSK did not receive child-related cases
between 2008 and 2010. Perhaps at the time our existence was not properly
communicated to the public. We received 3 requests for child cases in 2011. In
2012 we received 10 cases, and just 6 cases in 2013. Whereas if we actually
check the data from KPAI [Indonesian Commission for Child Protection], there are
plenty of child cases that require assistance in terms of protection.
It is true that those cases never do reach LPSK. We signed an MoU with KPAI, for
instance, and Komnas HAM [National Commission for Human Rights] and other
institutions to make sure that for cases requiring LPSKs assistance, that
institution can file a request for LPSK to provide its services. In this regard we
also cooperate with the prosecutors office to ensure that [child] trafficking cases
can be facilitated by LPSK.
The problem for LPSK in providing protection for children is when they [kids]
have to face or go against their own parents. Because the child cannot file a
request on their own, in the meantime they could have a legal case with their
own parents. There has not been common ground [in such situation] except
when there is a court ruling [that allows us to intervene]. This is the situation as
of today. And maybe in the future there needs to be inter-agency coordination,
for example with children-protection commissions.
The rights of witnesses and victims in general who seek assistance from
LPSK: In the Law on Witnesses and Victims Protection, Article 5 stipulates a
number of rights, such as to receive individual protection, protection for family
members, protection for assets linked to the individual, and also to be free from
threats related to their testimonies. This kind of protection is the primary
protection that is needed by victims and witnesses. So the kinds are - physical
protection in the form of personal bodyguards, a safe house, or to even be
exempted from court testimony.
Then, to take part in the process of selecting the form of their protection and
security. LPSK does not single-handedly choose protection options for an
individual. Rather, we make sure whether the individual is comfortable with the
protection provided by LPSK.
We also ensure that a witness/ victim provides testimony without any external
pressure and to get a translator. This is not limited to victims that cannot fluently
speak Indonesian, but also for those with special needs. We find a translator who
can convey what the individual means to say. In several cases LPSK accompanies
individuals with special needs, such as those who are not able to speak.
Often witnesses and victims are only involved in providing their testimony in
court. But afterwards they are not informed of how the case develops. In this, our
role is to help victims/ witnesses receive explanation and information regarding

the case development. In Indonesia, a witness/ victim should be aware of SP2HP

[notification letter on the development of investigation results], even though
sometimes this SP2HP lacks in details.
We help witnesses/ victims to receive information on court rulings. This
information is important to witnesses and victims as their reward for coming
forward to testify in a judicial proceeding. So far in our judicial system usually
courts issue their ruling only to the defendant by request of their legal advisor.
But when a witness requests [a copy of] the ruling, it is usually more difficult.
However LPSK have worked so that [receiving information on court rulings]
becomes the right of witnesses and victims who provide testimony in court.
Next is to know if the convict has been released. The fear of witnesses and
victims stems from the possible acts of revenge once a convict [they helped put
behind bars] is released. This is to ensure whether there would be threats
coming after the release [of the convict]. This needs to be confirmed by LPSK
[the information] when the convict is released.
On receiving new identity: in several cases, especially in organized crime, victims
and witnesses can still be threatened even though the perpetrator is already
sentenced. Even as LPSK has been operational for five years in Indonesia, the
aspect of victims/ witnesses getting a new identity has not been realized,
because [we] have to coordinate with other agencies aside from LPSK, wherein in
the United States this is a possibility. Here, we are still working on that aspect.
Next is to secure new living arrangements/ housing. If the condition of witness or
victim is very dire, a different housing option should be considered. This has
been done by LPSK, [where witness/victim] receives temporary housing and
mobile services, moving from city to city or different locations within the same
city.
To receive reimbursement for transport costs: Witnesses and victims who cannot
afford transportation costs to testify should be eligible for compensation from the
state. Our experience so far is that police and prosecutors offices have
difficulties in presenting their witnesses - either for geographical reasons or how
to compensate the time spent by witnesses and victims to travel. They have to
leave their families behind, their economic activities get disrupted, and these
have become the constraints [for law enforcers] to present their witnesses and
victims.
So LPSK can step in here. When a witness has to appear in court, LPSK makes
sure that from their residence to the courtroom, they are presented, knowing
their family is not being neglected.
To receive relevant legal counsel: When a witness or victim does not have a
lawyer but they want to pursue other legal actions, LPSK will provide such
advice. Then to receive temporary living cost until the end of their protection
period. What we mean here is the cost of living in accordance to their current
situation.
Regarding protection, it is defined in accordance to Article 13 of the Law, is the
effort to fulfill a sense of security for the witnesses and victims that must be
fulfilled by the LPSK or other government agencies in accordance to Article 1
paragraph 6 of the Law on Witness and Victims Protection.

The witness and victim protection is given for criminal cases, in accordance to
Article 4 and 8. This means LPSK can be involved right from investigation
procedures up to court trial hearings, even until [a witness or victim] no longer
needs protection.
Regarding aid, victims of human right violations, in accordance to article 5 of the
Law on Witness and Victim protection, are eligible to receive medical and
psycho-social aids. In the beginning, this was only for human rights violations,
but later it also ended up encompassing witness and victims of other cases.
Regarding the procedures on providing protection, a witness or victim files a
written request. LPSK only works if there is a written request, in accordance to
Article 29. This written request can be filed by concerned individuals, or their
legal representatives, their family members, or law enforcers, for example. Then
LPSK determines the eligibility of the witness or victim to receive protection. If
they are eligible, then LPSK will determine the time period and budget needed
for the protection. Because this is also related to the contract between LPSK and
hospitals, or psychologists or psychiatrists, when needed. LPSK will write the
contract for it.
How to receive help from LPSK? The request can actually be sent via email, letter
or fax, or by coming directly to our office, or through a law enforcement officer.
Next this request will be registered. In 30 days we will analyze whether the data
required by LPSK is complete.
If within 30 days the analysis is complete and the person is eligible for
protection, next is the plenary meeting. The plenary meeting is attended by
seven LPSK members to decide whether the request deserves to be granted or
not. A week after the plenary meeting, the concerned party will be notified
whether or not their request has been granted.
If granted, the next step is to meet with LPSK to discuss the agreement, or
contract to determine the form of protection. LPSK does not discriminate based
on age, or whether it is a child or adult, but rather their status: whether the
person is a witness or victim in a criminal case. ***

Sandra Booth, Federal Agent of the Australian Federal Police

[AFP]
The AFP Witness Protection Program commenced in 1983. The Australian
government approved establishment of the National Witness Protection Program
[NWPP] operated by the AFP in 1988. The Witness Protection Act 1994 was
enacted in 1995.
The Witness Protection Act 1994: It sets the threshold criteria for a person to
be considered a witness. It provides for inclusion of a witness in the NWPP,
including financial arrangements, secrecy and procedural matters. It enables
foreign witnesses to access the NWPP via International Law Enforcement
Agencies or the International Criminal Court.
The objective of the NWPP is to provide protection and assistance to persons who
have met the threshold requirements for inclusion. Such protection and
assistance includes relocation and re identification of the witness some

circumstances dictate that international relocation is required. Foreign Nationals

and Australians residing O/S are able to be included in the NWPP. Domestically
witnesses can be relocated outside Australia if required.
Children in the NWPP: There are no specific provisions within the Witness
Protection Act 1994 in relation to sexual crimes or child witnesses. Anyone is able
to apply for witness protection, as long as the criteria relating to witness are
met: given or agreed to give evidence; given a statement to the AFP or an
approved authority; someone who, for any other reason may require protection;
someone who requires protection due to their relationship with a witness.
Australian Courts do, however, understand that additional protective measures
need to be implemented to allow victims of sexual assault, including children, to
be protected whilst giving evidence.
Australian legislation (ACT) provides for the following: all evidence given by a
child in a courtroom is to be given by audio-visual link, unless otherwise ordered
by the Court (or unless the child chooses to give evidence in the Court room).
The Court can order certain people not to be present in the room in which the
child is giving evidence. The Court may order that the courtroom be arranged in
a way that, while the witness is giving evidence, the witness cannot see the
accused person or anyone else the court considers should be screened from the
witness.
When a victim of sexual assault, or a violent offence, gives evidence at court: the
witness must not be questioned personally by the accused person. The Court
must order that the witness have a support person in the Court close to, and
within the witnesss sight, while the witness gives evidence. The Court may order
that the Court be closed to the public while all or part of the witnesss evidence
is given.
Use of pre-recorded evidence: An audiovisual recording may be played at Court
where it relates to a sexual or violent offence (i.e. the interview conducted by
specially trained police). If the recording is played in Court, it can be admitted as
the witnesss evidence in chief as if the witness gave the evidence at the hearing
in person. The victim can also participate in a pre-trial hearing, undergoing cross
examination (via audiovisual link) well before the jury trial. The same provisions
mentioned earlier apply (support person, not able to see accused, no questioning
from accused)
The audiovisual recording must include the following: the date when, and the
place where, the recording was made; the times when the recording started and
ended; the times when any break in questioning started and ended, and the
reason for the break; the name of each person present during any part of the
recording; for each person present during any part of the recordingthe part
when the person was present.
The audiovisual recording must: be certified by a prescribed person as an
accurate record of the witness answering the questions and not be edited or
changed. The prescribed person is someone who has undertaken training in
interviewing vulnerable witnesses.
It is an offence in Australia to publish the details of a victim of sexual assault,
including their name or any information which could result in someone

identifying them. Evidence of the victims sexual reputation is not admissible. All
victims of sexual assault who meet with police in the Australian Capital Territory
are offered counselling and other assistance such as help applying for financial
aid and writing victim impact statements. ***

Wanchai Roujanavong, Director-General of the International

Affairs Department, Offices of the Attorney General of Thailand
Offenses of sexual crimes against children in Thailand are considered very
serious crimes and carry a heavy penalty. Such offenses carry the following
sentences: a prison term of 4-20 years for having sex with a child not over 15
years of age; 7-20 years for having sex with a child of not over 13 years of age;
life imprisonment for gang-raping a child of not over 15 years of age or rape
using a gun or explosives. Death or life imprisonment is the sentence for acts of
sexual abuse of a child victim which results in the death of the victim.
Article 279 of the Penal Code states the following: Committing sexual indecent
acts against a child not over 15 years (consensual or otherwise) is punishable
with imprisonment of up to 10 years. If the act is conducted under threat and
harm is done to the child, or the child has been tricked, the sentence is 15 years
at a maximum. If the act causes death to the child victim the penalty is death or
life imprisonment.
Article 283 of the Penal Code states the following: Procuring a child not over 18
years for sexual gratification of another person is punishable with imprisonment
from 3-15 years. Procuring a child not over 18 years for sexual gratification of
another person is punishable with imprisonment from 5-20 years. In the case
that the procurement is conducted by using fraud, force, threats, or by other
means of exploitation the punishment is jail time of up to 10-20 years or life
imprisonment.
Restitution and Compensation: The restitution and compensation for victims
of crimes is based on the Civil and Commercial Code Article 420 which states: A
person who, willfully or negligently, unlawfully injures the life, body, health,
liberty, property or any right of another person, is said to commit a wrongful act
and is bound to make compensation therefore. A case claiming for restitution
and compensation for a child victim is considered to be a civil case.
Before the year 2003, restitution and compensation for victims of crime must
begin with a new case in the civil and commercial court that has the authority to
consider compensation and restitution for such victims. Very few initiate such
cases because of the costs and the complications faced through the course of
the legal processes. Before the year 2003, the focus was mostly on the
punishment of the offenders, and not restitution and compensation.
From that year onwards however, the Criminal Procedure Code was amended.
This was done by adding Article 44/1 to the effect that if the victim believes he or
she is entitled to restitution or compensation, the victim may file a request in the
court trying the criminal case for an order that forces the accused to pay up to
the victim. Such a motion must be submitted before the start of witness
examinations. If there is no witness examination in the books, the motion must
be filed before the rendering of the judgment of the case.

The motion for restitution and compensation must provide sufficient details for
the judge to understand about the damages incurred and the amount of
restitution and compensation claimed. Filing such a motion shall not bar the
victim from filing a separate civil case for more restitution and compensation.
Obstacles remain however. The main problem is the execution of the courts
judgment that is issued to enforce the offender to pay the victim. The process of
searching and seizing the offenders assets are not very effective, which in turn
effects the amount of money paid to the victim in restitution/ compensation. ***

Christina Sevilla, ECPAT Philippines Legal Advisor

The Department of Justice Witness Protection Program: Going by the
Philippines Republic Act No. 6981, The Witness Protection, Security and Benefit
Act, seeks to encourage a person who has witnessed or has knowledge of the
commission of a crime to testify before a court or quasi-judicial body, or before
an investigating authority, by protecting him from reprisals and from economic
dislocation.
Who can be admitted into the program? Any person who has knowledge of or
information on the commission of a crime and has testified or is testifying or is
willing to testify.
A witness in a congressional investigation, upon the
recommendation of the legislative committee where his testimony is needed and
with the approval of the Senate President or the Speaker of the House of
Representatives, as the case may be. A witness who participated in the
commission of a crime and who desires to be a state witness. An accused who is
discharged from an information or criminal complaint by the court in order that
he may be a State witness.
In my personal experience, I only dealt with one child sexual victim case in
relation with this program. It involved sexual rape where the victim was admitted
under the witness protection program together with her mother and her siblings,
and the perpetrator was her father and then she got pregnant. So for a while
when the case is ongoing they were staying in under the witness protection
program.
Who are disqualified for admission into the program?
the offense in which his testimony will be used is not a grave felony;
his testimony cannot be substantially corroborated in its material points;
he or any member of his family within the second degree of consanguinity
or affinity has not been threatened with death or bodily injury or there is
no likelihood that he will be killed, forced, intimidated, harassed or
corrupted to prevent him from testifying or to testify falsely or evasively
because or on account of his testimony; and
if the applicant is a law enforcement officer even if he will testify against
other law enforcement officers. The immediate members of the applicant
may, however, be admitted into the program.
What will happen to a witness who refuses or fails to testify? He/she may be
arrested or detained and prosecuted for perjury or contempt.
Republic Act 7610: "Special Protection of Children Against Abuse, Exploitation
and Discrimination Act."

Section 28 deals with Protective Custody of the Child.

The offended party shall be immediately placed under the protective
custody of the Department of Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In the regular performance of this
function, the officer of the Department of Social Welfare and Development
shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential
Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his
name may be withheld from the public until the court acquires jurisdiction
over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer in case of television and
radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of
the offended party.
Presidential Decree 603:
Commitment or surrender of a child is the legal act of entrusting a child to
the care of the Department of Social Welfare or any duly licensed child
placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the
termination of parental or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or parental
incompetence to discharge parental responsibilities.
(b) Voluntary commitment, through the relinquishment of parental or
guardianship rights
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics
and other institutions as well as private physicians providing treatment
shall, within forty-eight hours from knowledge of the case, report in writing
to the city or provincial fiscal or to the Local Council for the Protection of
Children or to the nearest unit of the Department of Social Welfare, any
case of a maltreated or abused child, or exploitation of an employed child
contrary to the provisions of labor laws. It shall be the duty of the Council
for the Protection of Children or the unit of the Department of Social
Welfare to whom such a report is made to forward the same to the
provincial or city prosecutor. ***

Best Practices of the Law and those of

Law Enforcers in Protecting
Child Victims of Sexual Crimes

Presentations By:
Caroline Charpentier, Svetlana Palmer, JoDee Neil and John Carr

Caroline Charpentier, Judge of Criminal Investigations in France

The French judicial tools to protect child victims of sexual exploitation: This
information is based on my experiences as a judge for juvenile crimes in France,
as well as a criminal judge in Kosovo.
Existing legal framework to combat human trafficking: One of the most
important conventions is the UN Convention against transnational organized
crime, signed in 2000 and entered into force in September 2003, and its
additional protocol to prevent, suppress and punish trafficking of persons,
especially women and children. By ratifying this convention and its protocol, the
international community agreed on the first international, legally binding
definition of trafficking in persons.
The trafficking in persons protocol is the first international instrument
establishing trafficking in persons as a criminal offense. Its Article 2 states the
three goals: prevent and combat trafficking in persons and pay particular
attention to women and children; protect and assist the victims of such
trafficking with full respect for their human rights; and promote cooperation
among states parties in order to meet those objectives. Hence, the ratification of
this convention and its additional protocol is vital. The UN Convention on the
rights of Child of 1989 is also fundamental as far as children rights are
concerned.
Besides this, there are regional conventions that France is also part of, such as
the Council of Europe Convention on Action against Trafficking in Human Beings.
There is also the Convention on protection of children and cooperation in respect
to inter-country adoptions that ban trafficking of children through adoption
procedures.
In Southeast Asia, there is the ASEAN Declaration against Trafficking in Persons,
particularly Women and Children. It is only recently that states - over the last 5 to
10 years - have passed national anti-trafficking legislation. It is an important sign
for a state to pass a law dedicated to trafficking in human beings that creates in
the criminal code an offense of trafficking in persons.
In France, there is the interior security law passed in 2003 that introduces in the
criminal Code the definition of the criminal offense of human trafficking. In 2013,
the article was modified to comply completely with EU legislation. All these
conventions and pieces of legislation define the kinds of trafficking where human
beings are involved, who are the victims, how to protect them and how to punish
such crimes. Once the offense is clearly defined and the victim identified, the
judicial procedure can start.
To effectively combat child sexual exploitation, a mere execution of judicial
procedures is not sufficient. Social workers and psychologists need to be involved
to protect children, prepare them for police questioning and trial proceedings. In
addition to the police, lawyers, judges and prosecutors, care of the victim needs
to involve psychologists, family members and social workers. They would not just

assist with the investigation, the prosecution and the adjudication of the criminal
offense, but also protect the victim.
Testifying Against Offenders: How to protect child victims of sexual abuse
during legal proceedings and after? Since it is really difficult to convince victims
to testify against their alleged offenders, everything should be done to protect
them during the judicial procedures. Guaranteeing their safety and being childfriendly is important. The children should also benefit from free legal aid.
During Investigations and the Pre-Trial Phase: A child witness has to be
introduced to judicial procedures at an early stage and this needs to be done in a
child-sensitive way. Child witnesses have to be fully informed about security
issues before giving statements. Police protection should be provided to child
witnesses until they feel that they are safe through measures like: hotline
numbers, mobile kits and weekly meetings with police. Another measure is the
registration of the victims address at the police station.
Special procedures should be implemented for collection of evidence in order to
reduce the number of interviews, statements, hearings or unnecessary contact
with the judicial process. In 1998, French law requires registry and videotaping of
statements of juveniles when they are being interviewed by police officers. The
goal is so that the child is spared from being interviewed again in person by
other parties, such as judges.
In reality this is not the case unfortunately. At some point during the course of
legal proceedings, there is the need to listen repeatedly to a childs interview in
person. Again and again, they go in front of different people [judges, lawyers,
police] and explain everything. Every kind of investigating judge has to do it.
They will get the statement of the child again and again. Always the children
states, you really want me to say it again, but in front of him or her, you have to
explain that I have new evidence and so you have to say it again. This is
traumatic for the child. No other solution to resolve this. Police, prosecutors and
judges should make use of special measures when the witness is a child, such as
videotaped statements, exclusion of public during legal processes, closed TV
sessions to minimize possible harm and trauma on the child during or after the
court session. Appointing a legal advocate who is sensitive to the special care of
children.
During the Trial: Prosecutors and Judges should take appropriate measures to
ensure that children are interviewed in a child sensitive way in order to avoid any
more trauma. There should be no cross-examination of the child by the alleged
defendant. Avoid interviewing the child in the presence of the defendant, use
videotaped interviews, use closed circuit television or two way mirrors. Appoint a
psychologist.
Training: First of all, training police officers on techniques of how to interview
children victims of trafficking is vital. There are the first law enforcement officers
who will receive the childs statements. In this regard, initial and continuous
training should be organized focusing on the necessity to establish a child
friendly environment while interviewing the victims and also on how to collect
evidence in order to strengthen the criminal procedure. Training for judges and
prosecutors on current legislation (national and international law that related to
traffic of human beings), on the right of the victims who are witnesses in the
procedure, not to confront directly the victim to his/ her alleged offender. Training

of the lawyers is also fundamental. They should support the victims throughout
the procedure, facilitating the contact with other civil society representatives.
****

Svetlana Palmer, Child Protection Advisor, Australian Federal

Police
The Sexual Assault and Child Abuse Team (SACAT) was established by the AFP in
the 80s. This primarily concerns the welfare of victims at the time of reporting
and court appearances. SACAT had six female police statement takers but this
quickly expanded to include males and investigation components. It is located
away from the policing environment and is designed to allow a victim to tell their
story without reservations in a safe atmosphere.
SACAT today, which is on-call 24/7, comprises of a child abuse team and an adult
sexual assault team. Its offices and facilities include a medical room, a recreation
area for children, two statement rooms and a monitoring room. When a child
victim is first brought in, the primary focus initially is to build rapport with the
child. Officers are in plainclothes. The concentration is on building rapport, and
nothing to do with the immediate case as yet. The victims need to trust the
officers first. SACAT investigates sexual assaults on adults and children, indecent
acts against children under the age of 12, physical assaulting of children under
the age of 10, serial offenders, historical sexual offences [decades-long cases
which went unreported] and online offences, like child pornography and
grooming.
If a victim is not treated properly, the victim will not report the incident, which
will mean that the offender may continue to offend; the offender will not be
brought to justice; the victim will also have a lack of trust of police. Other victims
will be too scared to report sexual assaults. Police who work in SACAT undergo
specific training in interviewing vulnerable witnesses, comprising of an initial
intensive training course, follow-up review of interview transcripts and an annual
refresher training course.
Comprehensive interviews of victims take place in a safe, private location. The
best practice is for the interview to be audio and video-recorded. The interview
needs to be well-planned, and all information available at the time needs to be
reviewed. Psychological studies conducted on which method of questioning
elicits the most accurate memories in children suggest that free narrative and
open ended questions are the most effective. The use of free narrative and openended questions also elicits more accurate and honest responses from victims or
witnesses who are traumatised or fearful of the interview process. It is important
to allow victims/witnesses to tell their story to interviewing police.
The
Australian training of police instructs them to avoid making suggestions of
possible answers or guessing what the interviewee is trying to say.

John Carr, Global advisor on the ICT and Online Protection

Programs
Best practices of the law should include a strong and clear legal framework
consistent with international standards. What must be forbidden is the creation

or publication of sexualized images of persons under the age of 18. Possession of

child abuse images must be made an offence, irrespective of the intent to
distribute, and possession is within the scope of computer crimes and includes
pseudo images. There should be an easy-to-use system for reporting images.
Grooming and enticement must be outlawed.
In terms of capacity, law enforcement must have trained officers, the necessary
equipment and the tools to conduct investigations and also be able to cooperate
with colleagues abroad. Priority is to be given to victim identification and rescue.
There should be the availability of appropriate therapeutic and other facilities to
support victims after they have been rescued.
Cooperation with Industry: These problems cannot be solved by the state or
its law enforcement agencies acting alone. The volumes involved are too great.
The jurisdictional challenges can also be substantial. Have to find new and better
technical tools to detect images quicker, especially new images, find ways to
block their publication or uploading and improve on victim identification.
Child-Centered Approach: Our thinking needs to see children, typically, as
victims not perpetrators. It is particularly important for law enforcement to build
multidisciplinary teams with the child at the centre. Courtroom procedures need
to be sensitive to childrens awe and inexperience. Use of video links is greatly to
be encouraged. Children typically need help, and not a criminal record.

JoDee Neil, Legal advisor of Safe Childhoods Foundation and

former US prosecutor
A huge part of a prosecutors job in the US is to evaluate proof. In the US, we
have a very high burden of proof, which is beyond a reasonable doubt. This is a
fair burden considering a persons freedom is at stake. Problems do arise in child
sexual abuse cases due to the He Said, She Said Fallacy.
Child protection laws exist on the books and in the legislatures, but until the He
said, she said mindset is overcome by law enforcement through a child-specific
method of analysis, real children will continue to suffer.
The He Said, She Said Fallacy: This occurs in sexual abuse cases where
there are only two witnessesthe suspect and the complainant. The logic is that
one of them is always lying, and that since it could be either of them, both are
presumed unreliable. This logical fallacy is a remnant from previous generations
of law enforcement, who were not trained to properly evaluate sexual abuse
cases. Very commonly used in adult sexual assault cases, the He Said, She
Said Fallacy has been carried onto the realm of Child Sexual Abuse, where it
does not belong.
Child abuse cases are different, because children are different and should not be
treated as adults. They are not mini-adults, and they do not have an adult
concept of time. They also do not know their rights. In child abuse cases, the
suspects are considered the most manipulative criminal population, and they rely
on the belief that no one will believe a child.
The foundation for a proper, modern analysis of such cases is the forensic
interview. A forensic interview is a relatively short, 45-minute recording, wherein
a trained interviewer and the child sit in a room and talk while the entire process

is recorded. The interviewer asks legally justifiable, non-leading questions, which

allow the child to provide information on their own, without the effect of
suggestive questioning.
Law enforcement professionals can then review and share the recording with
other relevant parties, without subjecting the child to additional, likely traumatic,
interviews. Every detail matters in such interviews, and the factors to consider
are: what the child says; how it is said and what the child does not say. When it
comes to how the child is conveying the information, points to consider are: does
the child se their own body to demonstrate what he/she was asked to do; cry or
show other emotion; act scared or nervous; slow to give details or seems
ashamed; breathes heavily. Also, does it seem like the child is trying to get
someone in trouble?
What the child does not say? In court, the defendant will almost always claim
that the child is lying for some reason. Perhaps, the child is lying because the
child was angry that the defendant didnt give her a toy she wanted. Perhaps it
was a mother who hated the father, and coached the child to make up a sexual
abuse lie to destroy the fathers life. Anticipating the likely defenses are a critical
method of analyzing the initial outcry.
This is where reason and common sense must prevail. Would a child who was
trying to get someone in trouble say that the defendant gave her candy, for
instance, and was really nice to her and that she liked him a lot? But that she just
didnt like that he touched her at night in between her legs? This is unlikely.
Law enforcement members must be able to form their own opinions about a
case. The most crucial component of this process is determining for yourself
whether or not you believe that the events the child describes are true. If you
believe they are true, then you have an obligation to pursue the case. ***

International Legal Standards for

the Protection of
Child Victims of Sexual Crimes
Presentations By:
Ali Aulia Ramly and Anjan Bose

Ali Aulia Ramly, Child Protection Specialist, UNICEF Indonesia

The UN Convention on the Rights of the Child [CRC] charges State Parties to
provide for childrens survival, protection, development and participation. The
guidelines for all law enforcers should therefore be based on principles in the
CRC. All ASEAN Member States are signatories of the CRC. Law enforcers who
handle child victims of sexual abuse must therefore comply to the guidelines of
the CRC to ensure children have the best measures for protection possible.
The basic interest of the child is one of the fundamental principles of CRC. While
not denying the perpetrators right to justice, the best interest of the child should
be given primary consideration, particularly in protection and in minimizing the
harm to the childs developmental potential.
The CRC is the primary human rights instrument to the rights of the child which
was adopted by the General Assembly Resolution 44/25 of 1989. For the purpose
of examining progress conducted by state parties in achieving the realization of
obligations undertaken in the present Convention, a Committee on the Rights of
the Child was established.
Concluding Observations [CO] were written up by the Committee on the Rights of
the Child, based on a comprehensive review of reports submitted by State

Parties. The observations include suggestions and recommendations to State

Parties. The Concluding Observations are an important tool to monitor and
advocate the rights of the child.
Specifically for Indonesia, the Concluding Observations welcomes the launch of
the National Plan of Action for the Elimination of Commercial Sexual Exploitation
of Children in 2002. The CO however expresses concern that the existing
legislation does not effectively provide protection and that child victims of sexual
exploitation often do not receive adequate protection and/or recovery assistance.
The opinion that child victims sexual abuse and exploitation can never be held
responsible or guilty of such acts needs to be explicitly reiterated.
The Committee recommends that the State Party conducts the following:
Develop and implement legislation that adequately protects child victims of
sexual exploitation, including trafficking, pornography and prostitution, that
includes a significant increase in the minimum age of sexual consent; Train law
enforcement officials, social workers and prosecutors on how to receive, monitor
and investigate complaints and prosecute perpetrators in a child-sensitive
manner that respects the privacy of the victim.

Prioritize recovery assistance and ensure that education and training as well as
psychosocial assistance and counseling are provided to victims, and ensure that
victims who cannot return to their families are provided with adequate
alternative solutions and are institutionalized only as a last resort; and ensure
that the National Plan of Action for the Elimination of Commercial Sexual
Exploitation of Children is allocated appropriate resources for its implementation
and is effectively carried out at the provincial and district levels. ****

Anjan Bose, Program Officer, ICT and Child Protection, ECPAT

International
On protecting child victims of sexual crimes and laws that are linked to child
sexual abuse materials, what is required is a clear definition of child pornography
in the legislation. There also needs to be the criminalization of all acts related to
child pornography. Legal protection should address compensation, recovery and
reintegration as outlined in key International instruments. The Optional Protocol
on Sale of Children, Child Prostitution and Child Pornography, or OPSC, delivers
specific considerations to this effect, and to the obligation of a country on
providing rehabilitation for victims of sexual crimes against children.
In terms of definition, Article 2 of the OPSC states the following: Any
representation, by whatever means, of a child engaged in real or simulated
explicit sexual activities or any representation of the sexual parts of a child for
primarily sexual purposes. When it comes to Southeast Asian nations, for
instance, Cambodias definition of child pornography is only partially compliant
with the OPSC. Article 40 of the Cambodian Law on Suppression of Human
Trafficking and Sexual Exploitation states the following: A visible material such
as a photograph or videotape, including material in electronic form, depicting a
minors naked figure which excites or stimulates sexual desire. In the

Philippines, the definition is fully compliant with the OPSC. Law No. 44 in
Indonesia includes a definition. However, both Thailand and Vietnam do not
define child pornography specifically in their legislation.
A child-safe definition should include visual, audio and written representations of
children. This is the case when it comes to Indonesia, Philippines and Thailand,
but not so for Cambodia and Vietnam [does not include audio and written
representations of child pornography]. When it comes to child pornography, the
OPSC requires state parties to cover under their criminal or penal law, all acts of
producing, distributing, disseminating, importing or exporting, offering, selling
and possession.
Standard legislation is key to addressing the problem but simply ratifying
international instruments is not enough. It has to be reflected in the
implementation and the national plans. Many countries , still use obscenity and
morality clauses to tackle the issue of child abuse and does not provide the
necessary framework for tackling the problem. The definition of child abuse
images do not exist in many legislations and as such makes sentencing difficult.
There still exists different interpretations of sexual activities/images according to
the cultural context. Some issues of child abuse images are not well understood
by legislators. And lastly, compensation schemes and child friendly processes
are not mainstreamed across all countries. ***

Conclusions and
Key Recommendations

In protecting child victims of sexual exploitation, the responsibility of the

law enforcer is not limited to conducting a proper forensic interview of
child victims to collect and collate facts. The responsibility includes
lessening the trauma experienced by the child victim and enabling the
victims to recover gradually.

Victim identification and rescue is paramount. Prompt victim identification

is one effective way to prevent the criminalization of the victim. No child
victim of sexual abuse is to be held responsible or guilty of sexual abuse
or exploitation.

Law enforcers should take note that child victims of sexual exploitation are
not adults and do not have a specific concept of time. They may not have
the vocabulary, much less the adult knowledge of the act that has
occurred, to describe what they have undergone. Special interview
techniques are required to extract information in order to bring the case to

court. These techniques include building a rapport with the child, and
asking questions that are non-leading. Considering their age and the
trauma they have undergone, child victims may not be able to remember
exact details, but this in no way implies that they cannot be accurate.

Interviews with child victims must be conducted in a child-friendly manner

and in a child-friendly environment. Such an environment should serve as
no threat to the child, and this includes the location of the interview. They
should be interviewed by law enforcers who are sensitive to the childs
immediate needs and concerns. Law enforcers should not just have good
listening skills, but they need communicate with children using language
that children can understand. Law enforcers should also be able to extract
the needed information that is required to bring the case to court through
a minimum number of interviews. These interviews are ideally recorded
via audio and video.

Law enforcers must identify and convey to child victims or their legal
representatives at the first encounter relevant information pertaining to
available assistance and access to justice. The information needs to be
given in a systematic and child-friendly manner.

Law enforcers need to respect confidentiality of the victims. Privacy is of

utmost importance to child victims of sexual exploitation.

National legislation is essential to provide protection to child victims. This

includes domestic legislation that clearly defines child pornography.

Encourage the use of audio and video documented interviews of child

victims during trial proceedings to lessen the need or probability of the
child victim being called again and again by officers of the law for
questioning in the sexual abuse case. Repeated calls to the child to relive
his/ her ordeal may enhance the trauma suffered by the child victim.

Training of law enforcers should be adequate, continuous and in line with

the changing times and online technology, so that they have the
knowledge and skills to improve and sustain their efficacy in protecting
and handling effectively and sensitively child victims of sexual crimes. In
addition, law enforcers must receive specific and appropriate training on
assisting child victims and their families.

Law enforcers should work with other professionals (such as welfare

officers and medical staff) to form a multidisciplinary team to minimize
hardships of child victims in their pursuit for justice. They must also have
the capability to work collaboratively with agencies, in particular NGOs, to
protect child victims.

Harmonization of the national laws to comply with Article 8 of the OPSC.

Implementation of the ECOSOC Guidelines on Justice in Matters involving

Child Victims and Witnesses of Crime.

Holistic and multi-disciplinary approach to CSEC victims.

and representation for CSEC victims.

All legal professionals including judges, magistrates, court officials and

lawyers, should receive mandatory training on childrens rights, including
how to approach CSEC cases.

All States should fund NGOs to create awareness campaigns on CSEC

issues and the practicalities of accessing justice for CSEC victims. ***

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