NEW CRIMINAL sanctions for sex tourists who abuse children abroad and those who “groom” children online have been proposed by the European Commission.
Under proposals aimed at stepping up the fight against trafficking and child sexual abuse, it would become a criminal offence across the union to groom children for abuse through the internet or to view child pornography without downloading files.
Sex tourists travelling abroad to abuse children would also face prosecution when they returned home. The measures are being discussed by officials from each member state; once approved by justice ministers, they should be translated into national law.
Anti-trafficking elements of the package would allow police to use phone-taps and similar tools and would ensure that offenders were brought to justice, even if they committed their crimes abroad.
Victim protection would also be enshrined in law so that those freed from traffickers could recover.
Outlining the proposals at a meeting in Dublin yesterday, the European Commission’s top official for justice and security urged European governments to support them to “align the highest European standards” across the bloc.
Jonathan Faull, director general for Justice, Freedom and Security, told a meeting hosted by the Immigrant Council of Ireland: “When we speak about child sexual abuse and sexual exploitation, we are speaking about horrendous crimes against children that leave deep scars and suffering for their whole lives.”
He said legislation throughout the EU was insufficient to deal with the challenges posed by these crimes. The proposals were designed to send a message of the union’s resolve to people who commit the crimes, to their victims and to the rest of the world.
“We are confident that our member states will show that the EU is not weak or divided in the fight against these crimes.”
Some states, however, have reservations on a number of issues, notably the severity of penalties and aspects of extra-territorial jurisdiction, which arise primarily in relation to the proposal to allow for the prosecution of child abuse crimes committed outside the EU.
“Can a man be punished in Ireland for a crime committed in another jurisdiction?” Mr Faull asked. “We think the answer is yes, but the lawyers have to work out the wording.”
The package of proposals, if adopted, would not have direct effect in member states. However, its adoption would oblige each state to give effect to the measures through national legislation.
Denise Charlton, chief executive of the Immigrant Council, endorsed the anti-trafficking measures but warned that in Ireland it was extremely difficult for victims to secure State protection, despite the introduction of such a scheme last year. “Very few victims have been officially recognised by the State and offered protection and assistance on that basis,” she said.