Child sexual exploitation: definition and practitioner briefing paper

Footnotes

1. The intended interpretation of 'power imbalance' and 'return', with regard to their use in the definition, is outlined below.

2. Sexual abuse is any act that involves the child in any activity for the sexual gratification of another person, whether or not it is claimed that the child either consented or assented. Sexual abuse involves forcing or enticing a child to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, pornographic material or in watching sexual activities, using sexual language towards a child or encouraging children to behave in sexually inappropriate ways (National Guidance for Child Protection in Scotland 2014).

3. This power differential can take many forms. It could be due to characteristics such as age, gender or disability (as covered by the Equality Act 2010). It could relate to status or social standing (position in a gang or professional position of authority, for example), intellect, physical strength, economic inequality or power yielded through indebtedness or threats of harm. It is not necessary for the victim to recognise the power imbalance for it to constitute CSE - if a victim has been abused online by an adult who they believe to be another young person, for example, the power imbalance of age still exists even if they are not aware of it.

4. Circumstances where free agreement to sexual conduct cannot be given include: where someone is 'incapable' because of the effects of alcohol or other substances; where there is violence or threats of violence against themselves or other or where they have been deceived as to the nature or purpose of the conduct (section 13 of the Sexual Offences (Scotland) Act 2009).

5. Adapted from examples in SBNI 2014 Professional Definition and Guidance (www.safeguardingni.org)

6. Although the risk these children pose to other children must be addressed, good practice guidelines stipulate that this be approached through the lens of recognising the behaviours were influenced by the concurrent victimhood of the child.

7. Adapted from National Guidance for Child Protection in Scotland 2014

8. Although evidence indicates most perpetrators are males, cases of female perpetrators are also being identified within research and practice and it is vital that we are alert to the possibility of both.

9. The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 and the Sexual Offences (Scotland) Act 2009

10. Adult Support and Protection (Scotland) Act (2007).

11. Adapted from National Guidance on Child Protection in Scotland 2014.

12. Adapted from SBNI CSE Definition and Guidance 2014.

13. Section 27 of the Sexual Offences (Scotland) Act 2009.

14. Sections 21 and 31 of the Sexual Offences (Scotland) Act 2009.

15. Section 42 of the Sexual Offences (Scotland) Act 2009.

16. Section 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

17. Sections 12 and 13 of the Sexual Offences (Scotland) Act 2009.

18. Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015.

19. For information on SOPOs see sections 104 to 113 of the Sexual Offences Act 2003 (as amended) and for RSHOs see sections 2 to 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. See Part 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 for trafficking and exploitation prevention orders and trafficking and exploitation risk orders (to be commenced).

20. National Action Plan to Prevent and Tackle CSE Update 2016

21. Sections 18 to 27 of the Sexual Offences (Scotland) Act 2009.

22. Perpetrated by individuals aged 16 or over

23. Sections 28 to 36 and 39 of the Sexual Offences (Scotland) Act 2009.

24. Section 37 of the Sexual Offences (Scotland) Act 2009.

25. Section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

26. Section 42 of the Sexual Offences (Scotland) Act 2009.

27. Sections 52 and 52A of the Civic Government (Scotland) Act 1982 (as amended).

28. Sections 9 to 14A of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
^[1] Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 specifies that this offence is committed if a person takes a "relevant action" and does so with a view to another person (including a child) being exploited. "Relevant action" is defined as the recruitment, transportation or transfer, harbouring or receiving or the exchange or transfer of control over another person and includes the arrangement or facilitation of any of those actions. A person takes a relevant action with a view to another person being exploited only if (a) the person intends to exploit the other person (in any part of the world) during or after the relevant action or (b) is the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.

29. For SOPOs see sections 104 to 113 of the Sexual Offences Act 2003 (as amended) and for RSHOs see sections 2 to 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

30. See Part 4 of the 2015 Act - still to be commenced.