Anđela Andrijević
Investigative journalist
CHILD PORNOGRAPHY - INTIMACY ON A PLATE (I)
There is more and more child pornography on the Internet - in three years, the prosecutor's office has increased the number of cases by three times, as well as the number of adult citizens who are prosecuted for this crime - and this is only the tip of the iceberg, because such cases are rarely reported. We still have many unpunished cases. What are the consequences for children and how dangerous are social networks?
The girl was only 12 years old when her nude photo was misused and shared on the internet. She felt humiliated, traumatized, it hurt her. She did not report, nor did she save the evidence.
A 13-year-old girl was forced to view online pornography without her consent. She received comments about her appearance, and later threats if she did not send her nude photos. She felt trapped and humiliated. To protect herself, the girl blocked the person.
These are not isolated cases. According to information received from the Special Prosecutor's Office for High-Tech Crime, the number of cases filed in connection with the crime of child pornography (Article 185 of Criminal Code) increased during the period from 2019 to 2022, from 24 subjects to 76.
At the same time, the number of accusations against adult offenders for this crime also increased, from 13 in 2018 to 36 in 2021, according to the data of the Republic Institute of Statistics .
"The data we have is only the tip of the iceberg, a phenomenon that has not reached the authorities in large numbers because it is not reported. How does the prosecutor know that there is a criminal offense if it has not been reported? Many cases remain unpunished", says Milana Pisarić, doctor of law.
One of the key barriers in solving this problem is the penal policy of the courts, which, according to the doctor of law, Milana Pisarić, is unjustifiably lenient.
"According to the data of the Republic Institute of Statistics, the most severe punishment for the perpetrator of the offense under Article 185 is two to three years compared to the maximum of eight years. In this way, special prevention is not achieved - deterring the perpetrator from doing it again, let alone general prevention - deterring other persons from committing this criminal act. If the state has already extended protection to all minors by prescribing a criminal offense, if we really want to provide protection to all those persons from this negative phenomenon, the courts should be ready to impose stricter sentences within the framework of the Criminal Code, emphasizes Pisarić.
IT STARTED IN JAPAN
Child pornography, as a global problem, is not new. Even before the 1960s, the first producer of child pornography in Japan began to show photos and drawings of Japanese girls in sexual poses in teenage magazines and erotic comics, which quickly became popular. In the 1960s, iphotographing girls in school uniforms and distributing such material expanded around the world. In the 1970s, Denmark, the Netherlands and Sweden became markets where materials from the USA, India, Mexico and the rest of Europe found their way. Parallel to that, the first pedophile circles appeared.
A large international comparative DeShame research on risky sexual behavior of minors on the Internet was carried out first in Great Britain, Denmark, Hungary and Croatia. It was recently conducted in Serbia and it showed that risky sexual behavior on the Internet is happening at an increasingly young age. 16 school administrations, 40 secondary schools and 2,950 students from all over Serbia participated in the research. The research has shown that children and minors encounter sexual harassment, abuse and child pornography in different ways.
Why do children and young people behave so risky in the online environment?
"Protective factors have unfortunately become risk factors." Children's environment, family, school and other places where the child should grow and develop freely has become an environment where the child cannot trust and does not feel safe enough, which the research confirmed. It is important for a child at that age of 12, 13, 14 to belong to a peer group. If he /shefeels unsafe in his/her primary group, be it family or peer group, the child resorts to other channels and other conditions where his/her needs will be met. "The child's tender years and generally his sensitive emotions during that period can be abused in the sense of sending harmful material, photos, videos or any kind of sexual exploitation of the child," stresses psychologist Ružica Radović.
The child's behavior in the online space is largely influenced by the lack of trust between parents and children. Digital skills and parents' knowledge of potential dangers on social networks, where children spend most of their time, are also insufficiently developed.
As a potential risk, sociologist Jovana Škorić, an expert who worked on research on risky behaviors of high school students on the Internet - DeShame, points out the lack of critical thinking among high school students, because our education does not have an adequate approach to topics related to sexuality and behavior on the Internet.
"The research results showed that students in secondary schools consider all the education that takes place at school to be completely irrelevant and that children use Google the most to get information about sex and relationships, which is another risk factor on the Internet." Educational institutions such as schools do not have developed programs with the help of which children will know who they can turn to if they experience violence on the Internet. It is desirable to establish some mechanisms in schools that could help these children," says Jovana Škorić.
From meeting to abuse of trust
Some of the respondents were only 12 years old when they first sent their sexual content, according to data from the DeShame research.
"During that period, identity development occurs, both as a child's identity, and that sexual moment of questioning one's body, comparing it with other peers, where something has developed in a peer or a girl. Comparison with peers has always existed, but today getting to know that other person has shifted to social networks. In this way, the child puts oneself in danger by taking a photo of oneself and his/her naked body and sending it to a friend, without thinking that the material will be misused and sent further. Therefore, often risky behaviors on the Internet happen out of a need for comparison and acceptance. Either they are a consequence of unpleasant and unhealthy emotions in children, or they are the need for a sense of belonging and confirmation from the environment that everything is fine with her or him," explains Radović.
Škorić agrees with the fact that there is a possibility that a child or minor who does not have enough self-confidence or developed self-efficacy tries to compensate for some need through social networks, and adds:
"A child who is 12 years old may have sent his/her picture to be somehow accepted, not knowing that someone will abuse it and use those pictures for some prohibited actions. It is a danger that comes from the child's underdevelopment and ignorance of the potential consequences of risks in the online environment. The child doesn't take it seriously and that's a problem."
Emotional burden - consequences of misuse of content
Data from the Deshama survey says that 57.5% of high school students voluntarily send nude explicit materials, which constitutes sexting. There is also self-generated content that a person has made of their own free will. Although the photo or video was created in a relationship of trust and love, this does not reduce the danger of abuse of trust and intimacy.
Are children or minors even mature for sexting?
"The development process of the prefrontal cortex ends around the age of 25-28 and the child has no developed critical thinking at all, which means that he cannot guess what can happen with the photo he sent for some validation, or for being in love." A photo that was created in one relationship, with one sharing can end up on porn sites, in some groups where there are pedophiles, adults who want to either collect, distribute, sell, or consume this type of content or nude photos," emphasizes Ružica Radović.
A big problem is that society also views children's risky behaviors as banal situations and harmless "age-appropriate" behaviors. A large number of minors encountered someone spreading gossip or lies about their sexual behavior, and they often received comments of sexual content under nude photos that were misused.
"The research showed that most often they made jokes at the expense of some person, they even inserted public figures who were naked, then put the face of their peers, called each other derogatory names in the comments. It is the most common form of sexual harassment they have seen on the Internet, and therefore experienced. This can have major negative implications for the mental health of children and minors. Some children are less resilient and one negative comment can be the final straw for the child to turn to self-destruction or destruction," concludes sociologist Jovana Škorić.
She explains that victims feel shamed, undervalued. What is particularly worrying, and what can be seen from the research, is that the majority of minor respondents blamed the victim for the material that was sent, and not the person who further distributes it. Psychologist Ružica Radović explains that children lack empathy, that is, compassion for another person and that children often do not see the reactions of that person in order to correct their behavior, that they do not have the time to see the consequences of their behavior, which may have consequences for the victim.
"Children and minors often do not understand that the photo itself is not the one that can cause any kind of hate speech, insulting the person who is in the photo and who has been abused. What actually plays a role in this is our perception, how we see this peer of ours, as well as his/her behavior. They often accidentally stumble across these social networks and harm another peer."
Accusing another child of the victim can have a significant impact on the child's mental health, and what are some of the consequences, explains psychologist Ružica Radović.
"Somatization disorder, anxiety disorders, depression, interpersonal sensitivity, obsessive-compulsive behavior, dissociative disorders, frequent suicide attempts. Personality disorders, first of all, borderline personality disorder, as well as antisocial personality disorder are frequent forms of later consequences of abuse. Adolescents, who were victims of some form of abuse during their childhood, are three times more prone to depression or suicide attempts."
She adds that what a child feels in those moments is one of the frequent obstacles to confiding in parents or a trusted person:
"The misuse of a child's nude photos and intimate communications can cause a deep sense of shame and a violation of their privacy." More than the mere exposure of the body, this type of abuse affects their intimacy, as the trust and emotional connection that the children shared with their supposed peers was manipulated. This experience can shape their image of the world and themselves, creating a sense of insecurity and fear of opening up to others. Consequences can also be reflected through promiscuous behavior or the complete withdrawal of a minor".
Social networks - a fertile ground for the abuse of minors
There are also different mechanisms by which adults approach children and ask them to send explicit materials.
According to examples of National Contact Center for Child Safety on the Internet, everything starts with banal questions about sports, interests, favorite actors. Questions "do your parents read this correspondence?" are also frequent.
When a child or minor does not have the support and understanding of his primary group (family, peer group), he/she looks for a trusted person with whom to share his/her difficulties and needs. The predator uses various techniques and manipulations to achieve this trust, and the child's entire intimacy is presented to him "on a platter".
Conversations with a sexual connotation begin. Then, the predators call out "let's go on our little secret, no one will know we're sharing photos". This situation further leads to various other dangers.
"Sharing content with a sexual connotation is dangerous because it can later serve as material for blackmail. There are a number of recorded cases in practice where the manipulator posed as a friend. Friendship led to a relationship, and a relationship led to the exchange of nude photos. If the victim refused to be photographed in a certain pose, the predator would threaten to send all the photos in his possession to the victim's parents, friends or teachers. Faced with a seemingly hopeless situation, the child would continue to send the material. After the photo reaches the predator's computer, the victim is trapped," explains Ružica Radović.
"If you don't pay 5,000 dinars by tomorrow, I will send this photo to your mom!" - an example of when threats and blackmail begin. As the psychologist explained, the victim is forced to steal money or take photos of herself in humiliating poses, which leads to alienation from society, parents and school. Shame and fear become more and more, so cases like this often end in suicide," she explains.
Research has shown that girls are to a greater extent the targets of sexual harassment and child pornography. SOS line consultant Marina Papović from the organization for the prevention of human trafficking Astra cites the example of a minor girl who received from a predator an offer to advertise a certain wardrobe and brand, for which she was offered popularity and money. The girl was made to take photographs of her upper body and lower body in order to "measure the size" of her clothes. She sent nude photos. She could not have guessed that she would be blocked and her content misused for pornographic purposes.
Psychologist Radović believes that this is a frequent potential danger and explains:
"Girls are often compared to models on Instagram, who are also ``facetuned,'' who are photographed in different poses. We ask the question - how does a little girl pose like that when taking a photo? They learn by modeling - if that girl gets so many likes and followers, it will create an image in some girls that she is perfect, successful and that image can affect how others perceive that girl. As she is young and does not have a picture of herself, that confirmation and all those likes give her importance. This is the confirmation that she needs, they don't have that much perception about money", explains Ružica Radović.
Investigative journalist Anđela Milivojević, by investigating revenge pornography on Telegram groups revealed cases of girls whose intimate materials were misused without consent, and which occurred when the girls were minors. In addition to sharing content, comments about girls' appearance are also common. As the interlocutor says, "someone else enjoys their naked body".
"There is juvenile content on Telegram, it is primarily shared and exchanged by those looking for +-18 content." These are folders with minors that I was not allowed to open due to criminal responsibility, but they were named "fish, minors, girls". When it comes to adult girls, there have been cases where men put photos and videos of girls in such a context that they will perform some sexual act or fantasy while watching those materials", emphasizes journalist Anđela Milivojević.
Source: Vreme >>
CHILD PORNOGRAPHY (II): PREDATORS FROM THE OTHER SIDE OF THE SCREEN
What is the legal status of child pornography? How do children fall into the hands of online predators? How does the reporting process work and who is it inititated by? How is a child protected in criminal proceedings? Are parents a support or a risk factor?
Children and minors are largely unaware that these are criminal acts and that they can report them.
The criminal law regulation in Serbia provides even broader protection in terms of child pornography compared to the one provided for in Council of Europe Convention on Cybercrime. In the Criminal Code, among the criminal offenses against sexual freedom, a criminal offense related to child pornography is prescribed. It is a criminal act of displaying, obtaining and possessing pornographic material and exploiting a minor for pornography (Art. 185 CC).
"Child pornography is any material (texts, images, audio-visual or other objects of pornographic content or pornographic performances) that visually depicts a minor (under 18 years of age) engaged in real or simulated sexually explicit behavior, as well as any depiction of sexual organs of a child (persons under 14 years old) for sexual purposes," explains Doctor of Law Milana Pisarić.
As she says, in order to deal with objects of pornographic content, it is necessary "that they were created by exploitation of a minor (under 18 years old). If it is a child (a person under the age of 14), exploitation exists in any case - regardless of the "consent", "will" or "approval" of the child - because it is considered that the child has not reached a sufficient level of psychophysical development to express the necessary will or consent. If it is a minor (a person between 14 and 18 years old) exploitation exists if the action is taken without the consent and against the will of the minor (but not if consent exists) or if it is done as an abuse of trust or a relationship of dependence".
One example of cases reported to the National Child Internet Safety Contact Center is Omegle, a social network popular among minors and youth. As operator Olivera Pecić from this center explained, predators "approach" children by luring one of their peers, paying them, forcing them to attract other children to be photographed and filmed. While the child thinks that his/her peer is smiling at him/her, that he/she shares the same interests with him/her, he/she is not aware that someone has lured that boy or girl and that their material will be misused, and later serve as a tool for blackmail.
A frequently reported example at Net patrol - content removal platforms, are screenshots of children and minors. It happens that children are lured to "pose for the cameras" on websites that go live, without knowing that the live or stream is being recorded and that their privacy will be abused. Some of the sites reported to Net Patrol are: Bitporn, Archive today, Teenangels, Crazyshop, Wepreteen.
These two examples represent the criminal offense of Exploitation of a minor for pornography (Article 185, paragraph 2 of the Criminal Code).
"Whoever uses a minor (persons aged 14 to 18) to produce child pornography also commits a crime." If this action were taken against a child (a person under 14 years of age), there would be a more severe form, for which a stricter punishment is prescribed, explains Doctor of Law Milana Pisarić.
Data from the DeShame research says that as many as 20.2% of high school students sent a nude photo or video due to blackmail and threats, and as many as 22.3% at the persuasion of another person. The respondents pointed out that they often received threats of rape. Mirjana Stajkovac, Deputy Public Prosecutor in the Special Department for High-Tech Crime, points out that this is precisely what practice shows, that there is often a combination of several criminal acts.
"It's not often just that - the sexual exploitation of children for pornographic purposes, but that there can be really physical contact and unfathomable consequences regarding some other criminal offense that is even more serious, such as rape." Also, the crime that can appear there is a blackmail," explains prosecutor Mirjana Stajkovac.
Reporting cases - whose responsibility is it?
There is almost no case when a child reported what happened to the Net Patrol. As the psychologist explains, that moment when the child needs to confide or report is a threat to his entire identity, but also his sexuality. It is easier for children and minors to cope on their own, because there is retraumatization and recollection of what happened.
"Every time a child or minor tells a story, he/she experiences it with the same intensity as at the moment it happened. And then we ask him/her why he/she doesn't report it. Yes, we urge you to take a screenshot, copy the addresses, but at that moment the child just wants it to stop, that it doesn't happen. My position is that reporting and keeping evidence is not the child's responsibility. But of the experts in high-tech crime and the police - to get materials and evidence. It is not the child who is in charge or responsible for collecting material evidence, but us adults. Especially parents, we should first protect the child and provide him/her with a safe environment, so that he/she can feel safe in any case to tell what happened," concludes Ružica Radović.
On the other hand, prosecutor Mirjana Stajkovac points out that submission of criminal charges is possible with material evidence. Anonymous reports usually end up as archived.
"The key piece of information is the url address of the profile on which there is suspected pornographic material implying the sexual exploitation of children. Without adequate evidence, we cannot determine with certainty which part it is. Of course, a complaint can be filed against an unknown person. When a profile is submitted to us, we do not have precise information about the real identity of the person behind that profile, but it is necessary to have information about the social network and the correct URL address.
She adds that evidence can also be photographs, screenshots of communications, videos or other relevant information.
"Some cases, even without detailed identification of the child, can be characterized as a criminal offense according to Article 185, paragraph 4. In addition, even knowing that someone has material with a child in his profile constitutes a criminal offense, which is often the case. "Through expert examination of mobile and other devices, we can determine further content and later which acts are involved," explains prosecutor Mirjana Stajkovac.
How to report abuse on the Internet?
How can a child be protected in the process of giving a statement?
During the examination in special rooms, the child is in the presence of the prosecutor, the recorder, the attorney representing his/her interests, the parents and the psychologist, who determines through expert examination whether the child is capable of giving a relevant statement.
This ensures support, protection and attention to the child during the entire procedure. Prosecutor Mirjana Stajkovac emphasized that it is important that the child be questioned immediately if it is determined that he/she is capable of testifying at that stage of the criminal proceedings. The defendant is in custody during that time.
"With the findings of the expert and the decision that I made as a prosecutor regarding a particularly sensitive witness, I insist that all questions be passed at the main trial, the record of the interrogation of the victim be read, so that the child is not traumatized again and freed from further reference to that experience." In addition to that child's testimony, we always have material evidence that supports the child's testimony," concludes Mirjana Stajkovac.
She points out that the number of crimes committed by known perpetrators against children and minors is increasing. It is often a question of a combination of several criminal acts.
Source: Special Prosecutor's Office for High-Tech Crime
Predators in contact with 20-30 juveniles
The predator on the other side of the screen can be anyone, even a parent. An example of a case from the prosecution speaks of a father abusing the trust of his minor daughter, using her photos to "offer" her to others. Around 50 persons who possessed that material, and who had previously given statements that they had thought of talking to her, were arrested.
Also, there are cases where predators were communicating with about 20-30 juvenile victims at the same time.
The Service for Combating Organized Crime (SBPOK), a special organizational unit of the Ministry of the Interior, recorded an increase in the number of criminal reports for criminal offenses related to the acquisition, possession, sale, display and exhibition of pornographic content (Article 185, Paragraph 4 of the Criminal Code). In the period from 2019 to 2022, the number of reports for this crime increased from 14 to 52.
Source: The Service for Combating Organized Crime (SBPOK)
According to the records of the SBPOK, and as can be seen in the table, there is a noticeable increase in the number of criminal reports for criminal offenses related to the sale, display, public display of images and other objects with pornographic content (Article 185, paragraph 1). 2021 stands out as the year with the largest number of reports for this paragraph – 54.
DeShame research showed that parents are in fifth place as the persons to whom children report that their explicit material has been abused. And that educational institutions are not perceived as safe places for children to open up. Also, the prosecutor's office states that parents only find out what is happening to their child when criminal proceedings are initiated.
Parents - support or risk factor?
Parents are reminded that they should not judge their children, that they should first of all build trust and a safe zone, and that they should talk to the children about their behavior, as well as their rights.
"No one should threaten someone's right to a dignified life, no matter who they are. Communication between you and your child should always be open. Adults sexualize children and minors, and they cannot be sexually attractive in any pose. Explain that no one is allowed to touch their private parts. This conversation must be pleasant for the child, he/she must not be embarrassed, and try to make him/her understand that it is important for him/her to tell you if he/she has experienced any kind of abuse," emphasizes psychologist Ružica Radović.
According to it, the vocabulary should be adjusted when talking to the child.
"Teach him to respect his body." Parents should not use intimidation to manipulate a child's emotions and reactions to sexual approaches. This can alter their perception of the real world and prevent them from forming normal, healthy relationships. Instead of scaring your child, you should warn him of potential dangers."
Psychologist Ružica Radović emphasizes the possible signals that may indicate that a child has an unwanted experience with child pornography or other forms of abuse online:
"Changes in behavior, such as sleeping irregularly, a drop in school performance, problems in class or strong emotional reactions can indicate possible problems. Hiding passwords or phones can also be a sign that something is up. When a child feels insecure, changes in behavior are a signal that something is wrong and requires parental attention. It is important that parents dedicate at least half an hour to forty-five minutes of informal activities with their children every day, in order to show their commitment".
Brochure for parents
Process deficiencies
One of the shortcomings of the criminal procedure, as prosecutor Mirjana Stajkovac points out, is the lack of professional staff. As she says, the prosecutor's office currently has four deputies and six associates for the whole of Serbia, while the center for criminal forensics has a large number of cases from cities across the country concerning other criminal acts, which leads to a longer wait for expert testimony. There is also a lack of support from private experts and IT specialists, which further slows down and delays the resolution of specific cases.
Source: Republic Institute of Statistics
"Statistics show us that the number of rejected criminal reports is almost negligible, that the criminal reports of the police are already supported by evidence, that of the filed criminal reports that reach the Prosecutor's Office from the police the largest percentage results in the submission of an indictment to the court, and that almost without the exception a guilty verdict is reached," concludes Milana Pisarić, doctor of law.
Helplines
Source: Vreme >>
This text was written within the School of Digital Journalism of Slavko Ćuruvija foundation.