Laws regarding child sexual abuse
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Laws against child sexual abuse vary by country based on the local definition of who a
child A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...
is and what constitutes child sexual abuse. Most countries in the world employ some form of
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
, with sexual contact with an
underage In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a minor below the legal
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
may sometimes be referred to as
statutory rape In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
, based on the principle that any apparent consent by a minor could not be considered
legal consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
. The United Nations Convention on the Rights of the Child (CRC) is an international
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
that legally obligates nations to protect children's rights. Articles 34 and 35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the
prostitution of children Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child p ...
, and the exploitation of children in creating pornography. States are also required to prevent the abduction, sale, or trafficking of children. As of January 23, 2015, 196 countries have ratified the Convention, including every member of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
except the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
.United Nations Treaty Collection.
Convention on the Rights of the Child
''. Retrieved 21 May 2009.


Fiji

Fiji has recently updated its legislative standards with the introduction of the Crimes Decree (2009). This removed gendered limitations that the Penal Code had held regarding victims and offenders. It updated the maximum sentence so that any offender can face a sentence of life imprisonment for the sexual assault of a person under the age of 13. Prior to this, female offenders could only receive a maximum sentence of up to seven years imprisonment. As well as this, it included the offence of penile-anal penetration, though it does still use the degrading terminology of "sodomy". Previously, the Penal Code only considered penile-vaginal penetration. There are still limitations in Fiji regarding child sexual assault, particularly in the criminal justice practices. The use of mediation between offender, victim and the surrounding families has great potential to revictimise and retraumatise the victim.


India

The Protection of Children Against Sexual Offences Act, 2012 regarding child sexual abuse has been passed by both the houses of the Indian Parliament in May 2012. The Act came into force from 14 November 2012.


Malaysia

Few forms of child abuse are a crime under Malaysian law. Suspects can be charged only for rape (penile penetration) and incest. Police can do little since the legal definition is limited. Malaysian courts seldom convict people for child sexual abuse, and Malaysia keeps no official statistics on child abuse.


South Africa

The South African law on sexual offences was codified in the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007; also referred to as the Sexual Offences Act) is an act of the Parliament of South Africa that reformed and codified the law relating to sex offence ...
. Chapter 3 of the act deals with sexual offences against children. The act criminalises: * acts of sexual penetration with a child (statutory rape) * other sexual acts with a child (statutory sexual assault) * exploitation of children in prostitution * sexual grooming of children * showing pornography to children * using children in child pornography * compelling children to witness sexual acts * indecent exposure to children The act establishes a National Register for Sex Offenders which lists people convicted of sexual offences against children and the mentally disabled.


Turkey

Turkey's constitutional court decided in 2016 to annul the provision that punishes all sexual acts against children under the age of 15 as sexual abuse, according to opposition media. According to the government, they are preparing a new law more efficient against child abuse and the prohibition is still in place.


United Kingdom

The United Kingdom rewrote its criminal code in the Sexual Offences Act of 2003. This Act includes definitions and penalties for child sexual abuse offences, and (so far as relating to offences) applies to
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
and
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
. The Scottish Law Commission published its review of
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
and sexual offences in December 2007, which includes a similar consolidation and codification of child sexual abuse offences in Scotland.


United States

Child sexual abuse has been recognized specifically as a type of child maltreatment in U.S. federal law since the initial Congressional hearings on child sex in 1973. Child sexual abuse is illegal in every state, as well as under federal law. Among the states, the specifics of child sexual abuse laws vary, but certain features of these laws are common to all states.


Yemen

In
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and ...
, the law does not define
child abuse Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
.


Zambia

A recent June 30, 2008 landmark decision by judge, Philip Musonda, of the Zambian High Court gave a minor girl-student 45 million
Zambian Kwacha The Kwacha (ISO 4217 code: ZMW) is the currency of Zambia. It is subdivided into 100 ''Ngwee''. Etymology The name ''kwacha'' derives from the Nyanja, Bemba, and Tonga language word for "dawn", alluding to the Zambian nationalist slogan of ...
() in awards after she brought her teacher to court for statutory rape. This is the first case of its kind for a minor to win against a person of authority in the nation of Zambia.
Women News Network - WNN, ''"When a Girl Student Stands Up and Wins"''


References

{{Law country lists Child sexual abuse Sex and the law id:Undang-undang tentang pelecehan seksual terhadap anak