On 17 June, the European Parliament adopted its position on draft legislation aimed at enhancing the capacity of EU member states to combat child sexual abuse (CSA) effectively. Members of the European Parliament (MEPs) expressed their support for updating the EU-wide definitions of crimes related to CSA and exploitation.
This proposal aims to modernise legislation in response to emerging technologies, such as artificial intelligence that produces realistic deepfake content, and to ensure that both abuse and solicitation can be prosecuted, regardless of whether these acts occur online or in physical spaces.
“The law we voted for today is ambitious, but we can never be ambitious enough when it comes to protecting children. We are criminalising child sexual abuse manuals, and lifelike AI material will be treated the same as real material. We also need to abolish the statutes of limitations for child sexual abuse crimes because there can be no deadline on justice,” rapporteur Jeroen Lenaers (EPP, Netherlands) said.
In their amendments, MEPs advocated for increasing the maximum penalties associated with various CSA offences, including sexual activities with children who are above the legal age of consent but do not provide their consent.
Additional offences addressed in the proposal include recruiting children for exploitation in prostitution, possessing or distributing CSA materials, and offering remuneration for specific CSA crimes.
MEPs also supported the removal of limitation periods for the offences covered by the updated legislation, recognising that many victims may come forward long after the incidents have occurred. Furthermore, victims should have the right to seek compensation indefinitely.
To ensure that EU laws keep pace with technological developments, MEPs proposed explicitly criminalising the use of artificial intelligence systems that are primarily designed or adapted for CSA-related activities. They also endorsed provisions concerning the livestreaming of CSA and the online dissemination of related materials.
To enhance the effectiveness of investigations, MEPs are advocating for the inclusion of provisions that would allow for undercover investigations and the use of covert surveillance methods. Additionally, they propose a new definition of consent explicitly tailored for children above the age of sexual consent, emphasising that interactions based on consent among peers should not be criminalised unless there is an element of dependency or abuse of trust. However, misrepresenting oneself as a peer should be considered a punishable aggravating circumstance.
Support services for child victims should be offered at no cost and include medical and forensic examinations, assistance with the documentation of evidence, gender-sensitive medical care, and access to sexual and reproductive healthcare. MEPs recommend aligning these services with the Barnahus model, which integrates various supportive services under one roof for child victims. They also propose that third parties, including civil society organisations, should be granted the ability to report crimes.
The position adopted by the European Parliament received overwhelming support, with 599 votes in favour, two against, and 62 abstentions. Negotiations between the Parliament and the Council on the final form of the legislation are scheduled to commence on 23 June.
