|Sex and the law|
(Varies by jurisdiction)
|Sex offender registration|
Child grooming is befriending and establishing an emotional connection with a child, and sometimes the family, to lower the child's inhibitions with the objective of sexual abuse. Child grooming is also regularly used to lure minors into various illicit businesses such as child trafficking, child prostitution, or the production of child pornography.
This crime has been proscribed in various ways since the International Convention for the Suppression of the Traffic in Women and Children, which was agreed in 1921 as a multilateral treaty of the League of Nations that addressed the problem of international trafficking of women and children for nefarious purposes. The proscribed traffic was international in nature at that time. The concept of localised grooming, in which gangs groom neighbourhood victims, was defined in 2010 by the UK Child Exploitation and Online Protection Centre.
To establish a good relationship with a child and the child's family, child groomers might do several things: They might try to gain the child's or parents' trust by befriending them, with the goal of easy access to the child. A trusting relationship with the family means the child's parents are less likely to believe potential accusations. Child groomers might look for opportunities to have time alone with the child, which can be done by offering to babysit; the groomers may also invite the child for sleepovers, for opportunistic bed sharing. They might give gifts or money to the child in exchange for sexual contact, or for no apparent reason. Commonly, they show pornography to the child, or talk about sexual topics with the child, hoping to make it easy for the child to accept such acts, thus normalizing the behavior. They may also engage in hugging, kissing, or other physical contact, even when the child does not want it.
Suspected offenders have used the so-called "fantasy defense," the argument that they were only expressing fantasies and not plans of future behavior, to defend actions such as online communication. In the U.S., case law draws a distinction between those two and some people accused of "grooming" have successfully used this defense.
Over the Internet
Sexual grooming of children also occurs on the Internet. Some abusers will pose as children online and make arrangements to meet with them in person. Online grooming of children is most prevalent within the 13–17 age group (99% of cases), and particularly 13–14 (48%). The majority of targeted children are girls, and most victimization occurs with mobile-phone support. Children and teenagers with behavioral issues such as "high attention seeking" have a much higher risk than others. Some vigilante organizations use operatives posing online as underage teens to identify potential child molesters and pass information to the police. The news program Dateline NBC featured the recurring segment To Catch a Predator based on such activities. Similar groups include Perverted-Justice, Dark Justice and Creep Catcher.
Facebook has been involved in controversy as to whether it takes enough precautions against the sexual grooming of children. Jim Gamble, leader of the Child Exploitation and Online Protection Centre (CEOP) in the UK, said in 2010 that his office had received 292 complaints about Facebook users in 2009 but that none of the complaints had come directly from Facebook. A spokesman for Facebook responded to complaints by meeting CEOP directly in person, and said that they take safety issues "very seriously". In 2003, MSN implemented chat room restrictions to help protect children from adults seeking sexual conversations with them. In 2005, Yahoo! chat rooms were investigated by the New York State attorney general's office for allowing users to create rooms whose names suggested they were being used for this purpose; that October, Yahoo! agreed to "implement policies and procedures designed to ensure" that such rooms would not be allowed. Computer programs have been developed to analyse chat rooms and other instant messaging logs for suspicious activity.
"Localised grooming" refers in the UK to the on-street grooming of children, usually by a group of abusers. According to a 2013 report by the House of Commons Home Affairs Select Committee, after the group's initial contact with the child, offers of treats (takeaway food, cigarettes, drugs) persuade the child to maintain the relationship. One abuser might present himself as the "boyfriend"; this person arranges for the child to have sex with other members of the group. Children may end up having sex with dozens of these group members, and may be trafficked to connected groups in other towns. The Child Exploitation and Online Protection Centre defines "local grooming" as follows:
Localised grooming is a form of sexual exploitation – previously referred to as ‘on street grooming’ in the media –where children have been groomed and sexually exploited by an offender, having initially met in a location outside their home. This location is usually in public, such as a park, cinema, on the street or at a friend’s house. Offenders often act together, establishing a relationship with a child or children before sexually exploiting them. Some victims of ‘street grooming’ may believe that the offender is in fact an older ‘boyfriend’; these victims introduce their peers to the offender group who might then go on to be sexually exploited as well. Abuse may occur at a number of locations within a region and on several occasions. ‘Localised grooming’ was the term used by CEOP in the intelligence requests issued to police forces and other service agencies in order to define the data we wished to receive.
A television documentary was broadcast in August 2003, in which reporters uncovered details of an 18-month police and social services investigation into allegations that young British Asian men were targeting under-age girls for sex, drugs and prostitution in the West Yorkshire town of Keighley. The Leeds-based Coalition for the Removal of Pimping (Crop) sought to bring this behaviour to national attention from at least 2010. In November 2010, the Rotherham sex grooming case saw several convictions of child sexual abusers. In 2012, members of the Rochdale sex trafficking gang were convicted on various counts, and in 2016, following the largest child sexual exploitation investigation in the UK, "bigger than high profile cases in Rochdale and Rotherham", 18 men in the Halifax child sex abuse ring case were convicted to over 175 years in prison.
According to Inside Out London and BBC Inside Out investigations, young British Sikh girls living outside Britain (such as in America) were (and are) being particularly preyed upon by men who pretend(ed) to be Sikhs in order to seduce and groom them.
In its report Protection of Children Against Abuse Through New Technologies, the Council of Europe Cybercrime Convention Committee addressed the emerging issues of violence against children through the use of new technologies (the issue of child pornography on the Internet is already covered by Article 9 Convention) with particular reference to grooming both through the internet and by mobile telephones.
Some nations have already criminalized grooming in their national legislation. Analysis of these laws suggests some may be redundant with existing legislation and/or practices.
Australian Criminal Code Act 1995 section 474.26 and 474.27 prohibits the use of a "carrier service" to communicate with the intent to procure a person under the age of 16, or expose such a person to any indecent matter for the purposes of grooming. The various states and territories have similar laws, some of which use a different age (for example the victim only has to be under 16 in Queensland). Such laws across Australia were recently strengthened in the wake of the murder of Carly Ryan.
In Canada, Criminal Code section 172.1 makes it an offence to communicate with a child through a computer system for the purpose of committing a sexual offence (termed "luring a child").
In Costa Rica, since April 2013, the Criminal Code section 167 bis, makes it an offence to seduce a child by electronic means. With penalties from one to 3 years of imprisonment for a person that, by any means attempts to establish an erotic or sexual communication with a child under 15 years old.
On 1 January 2010, section 248e was added to the Dutch Criminal Code making (online) grooming of a child under 16 years old illegal. The maximum punishment is 2 years of imprisonment or a fine of the fourth category.
The law in New Zealand states that it is a crime to meet up or intend to meet up with the intention of performing an unlawful sexual act with a person under 16 years. This is recorded in Section 131B of the Crimes Act 1961. This section is labelled ‘Meeting Young Person Following Sexual Grooming, etc’. Any person charged is liable to imprisonment for a term not exceeding 7 years.
In England and Wales, sections 14 and 15 of the Sexual Offences Act 2003 make it an offense to arrange a meeting with a child under 16, for oneself or someone else, with the intent of sexually abusing the child. The meeting itself is also criminalized. The offence carries a maximum sentence of 10 years imprisonment, and automatic barring of the offender working with children or vulnerable adults.
Thus, a crime may be committed even without the actual meeting taking place and without the child being involved in the meeting (for example, if a police officer has taken over the contact and pretends to be that child). In R v T (2005) EWCA Crim 2681, the appellant, aged 43, had pretended to befriend a nine-year-old girl, but had done very little with her before she became suspicious and reported his approaches. He had a number of previous convictions (including one for rape) and was described as a "relentless, predatory paedophile". The Court of Appeal upheld a sentence of eight years' imprisonment with an extended license period of two years.
In the United States, 18 U.S.C. § 2422 makes it a federal offense to use the mail, interstate commerce, etc. to entice a minor to sexual activity for which any person can be charged with a criminal offense. 18 U.S.C. § 2425 makes it a federal offense to transmit information about a person below the age of 16 for this purpose. Some states have additional statutes covering seducing a child online, such as the Florida law that makes "Use of a Computer to Seduce a Child" a felony.
Laws focused on 'grooming' were first enforced federally against Alabamian Jerry Alan Penton in 2009. Penton received 20 years in prison for that action coupled with another 20 for his distribution and possession of child pornography.
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- "Child sexual abuse ring in Halifax: 25 men charged - police reaction". Halifax Courier. 9 February 2015. Retrieved 13 February 2018.
police say is the largest child sexual exploitation (CSE) investigation in the country - bigger than high profile cases in Rochdale and Rotherham
- "Last two men sentenced in Calderdale's biggest child sex abuse case". Halifax Courier. 24 June 2016. Retrieved 13 February 2018.
Sentences imposed on the sexual offenders now total more than 175 years and an 18th man convicted only of supplying the girl with cannabis was also jailed for 10 months.
- "British Sikh girls exposed to sexual grooming". BBC News.
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- Internet Watch Foundation
- Grooming Children for Sexual Molestation, written by Gregory M. Weber, the Assistant Attorney General for the State of Wisconsin who specializes in the prosecution of crimes committed against children.
- Cyber Grooming – danger of cyberspace, written by Kamil Kopecký, the professor at Palacký University Olomouc (director of Centre PRVoK)