Commercial Sexual Exploitation of Children in the Baltic Sea Region Comprehensive report March 1998 Table of content 1.INTRODUCTION 2.THE INCIDENCE OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN IN THE BALTIC SEA REGION 2.1Task Force on organised crime in the Baltic Sea Region 3.LEGISLATION 3.1Age Limits 3.2Existence of special provisions regarding sexual exploitation of children 3.3The child and court proceedings-procedural questions 3.4Dual criminality- extra-territorial jurisdiction 4.SOCIAL SERVICE 4.1Curricula in the schools for social workers 4.2Duty of notification 4.3General preventive measures in the field of sexual exploitation of children 4.4General rehabilitation measures against commercial sexual exploitation of children 4.5Co-operation projects 5.POLICE 5.1Curricula in police academies 5.2Europol 5.3Interpol - Standing Working Party on crimes against minors 5.4Co-operation projects 5.5Local police co-operation at the borders 5.6Police and customs liaison officers stationed in the Baltic Sea Region 6.TOURISM 7.MEDIA 8.ANNEX A. Questionnaire B. Compilation of legislation 1. INTRODUCTION All Baltic Sea States have ratified the UN Convention on the Rights of the Child, including article 34 where the State Party undertakes to protect children against sexual exploitation and abuse, including prostitution and involvement in pornography. According to the Convention a child means every human being below the age of 18 years, unless, under the law applicable to the child, majority is attained earlier. Representatives from all Member States of the Council of the Baltic Sea States (CBSS) participated in the World Congress against Commercial Sexual Exploitation of Children in Stockholm in 1996, in which 122 governments were represented together with a number of NGOS , agencies within the UN family and other concerned organisations and individuals. The Congress adopted a document calling for global co-operation against commercial sexual exploitation of children. In this way the governments have pledged themselves to take a large number of specified measures at local, national, regional and international levels. The Congress has been followed by initiatives in i.a. the Council of Europe, the European Union (EU) and the Nordic Council. At the Second Summit of the Council of Europe in October 1997 the Heads of State and Government agreed to extend their co-operation, within the Council of Europe, with a view to preventing all forms of exploitation of children, including through the production, sale, marketing and possession of pornographic material involving children. Germany, which presently holds the chairmanship of the Committee of Ministers within the Council, has proposed that the Council holds a follow-up event to the Stockholm Congress in the spring of 1998. In 1996 the European Council adopted a joint action, the STOP-programme, establishing an incentive and exchange programme for persons responsible for combating trade in human beings and sexual exploitation of children. In a joint action against trafficking in human beings and sexual exploitation of children which was adopted in February 1997 the Member States of EU have pledged themselves to regulate, among other things, that: - all sexual exploitation of children, including trafficking in children, shall be punishable by effective, proportionate and dissuasive penalties, - possession of child pornography shall be punishable, - obstacles to effective punishment for sexual exploitation of children taking place abroad, sex tourism involving children, shall be abolished, - national co-operation between authorities and others which have the aim of combating trafficking in human beings and sexual exploitation of children shall be intensified, - exchange of information and international police and other judicial co-operation shall be given priority and be intensified. The European Council has recently issued a joint declaration about the combat against tourism where children are exploited sexually. At a conference between the ministers of justice and equality of the EU in the Hague 24-26 April 1997, a Declaration on European Guidelines for effective measures to prevent and combat trafficking in women for the purpose of sexual exploitation was adopted. At its session in November 1996 the Nordic Council adopted a recommendation concerning initiatives in the combat against sexual abuse of children and sex tourism and about information in order to raise awareness of the serious nature of the abuse. In April 1997 the Commissioner of the CBSS on Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities, evaluated in a report the implementation in CBSS Member States of specific articles in the Convention on the Rights of the Child. One of the areas of study was sexual abuse of children, child prostitution and child pornography. At a meeting of the CBSS in July 1997 the Ministers of Foreign Affairs decided upon the report and instructed the Council of Senior Officials (CSO) to organise the work on this issue, including to study and evaluate the extent of sexual exploitation in the region, and to exchange information on existing measures. The Working Group on Assistance to Democratic Institutions (WGDI) in special session (the Expert Group) was assigned to report on commercial sexual exploitation of children in the region and to put forward proposals for co-operation projects. A Special Group within the Swedish delegation to the WGDI has supported the work. The Expert Group has completed its task in January 1998. In a report the Expert Group has presented its conclusions and recommendations and proposals for co-operation projects. At the Second Baltic Sea States Summit in Riga in January 1998 the Heads of Government took note of the findings in the report of the Expert Group and proposed that the Presidency of the CBSS organise the continued work in the field of commercial sexual exploitation of children in accordance with the report. The present report is a compilation of material gathered during the work, mainly submitted by the experts in the Expert Group and has not been subject to any linguistic harmonisation. In order to get a clearer overview of the situation in the countries concerned a questionnaire has been circulated (annexed). The time available for the work has been short. The Group is aware that the compilation does not cover the issue of commercial sexual exploitation of children in the region as extensively as could be wished for. 2. THE INCIDENCE OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN IN THE BALTIC SEA REGION Statistical data on the issue of commercial sexual exploitation of children are lacking in every country in the Baltic Sea Region. The information below has been obtained partly from the experts of the Group and partly by the Swedish Special Group's own surveys and interviews made i. a. during travels to some of the Member States. The following compilation shows some of the data which have been possible to gather during the time available and with limited resources. Even though some Member States do not have any information about the existence of commercial sexual exploitation of children, the Expert Group has information that some perpetrators come from these states. Denmark It is known to the Police that occasionally there are prostitutes of the age of 15 or 16 in the streets in Denmark (Danish National Police). Estonia About 60 % of the girls who prostitute themselves in Tallinn are between 15 and 19 years old (National Aids Prevention Centre). Germany It is known, that in Germany there are prostitutes under the age of 16 (mainly street children and/or drug abusers). Latvia The number of prostitutes is approximately 3 000, about 10-12 % of all the prostitutes in Latvia are juveniles. 30 % of all juvenile prostitutes are under the age of 16 .These are the most demanded in brothels. All prostitution in Latvia is said to be organised (National Report "Protection of the rights of women in the republic of Latvia"). Lithuania Several social workers have confirmed that there is child prostitution at the railway station in Vilnius. Child prostitution also exists at the airport and at some hotels. The youngest girls are said to be only 11 or 12 years of age (Study made by ECPAT on Commercial Sexual Exploitation of Children in some Eastern European Countries). Poland The number of children engaged in prostitution increases every year. In 1995 the number of girls 12 to 14 years of age engaged in prostitution was estimated to 100-150. The number had increased to 400 in 1996. Women and juveniles are being trafficked from Poland to the German borders. Police sources indicate that apart from occasional prostitution, the prostitution of minors working through specialised escort services is also growing (the Police Headquarters Criminal Bureau in Warsaw). Girls and boys under the age of 18 working as prostitutes at the Polish-German border are kept like prisoners in barracks. There is a great demand for young pregnant girls (the Deaconess Institute in Helsinki in Finland, Umbrella Network). Russia Hundreds of children are working in the "sex business" in St Petersburg alone. Juvenile girls are being sold to different south European countries for $ 12 000 per person. There are 4909 teen age prostitutes registered in St Petersburg. Some young boys of the age of 13 or 14 are living at the Moscow railway station in St Petersburg. They are being picked up by pimps and brought to a shed where they are to provide sexual services (St Petersburg Child Protection Centre). A new element in the sex business is now that the pimps are, as a result of a police raid in 1997, only 13 or 14 years old. The young pimps have to give a part of their income to the older imprisoned pimps (Article in VNE ZAKONA, no 3/96). A dramatic increase in the number of children with sexually transmitted diseases have occurred in Kaliningrad (Aids Prevention Centre). Sweden There is no information about prostitutes under the age of 18. Almost all female prostitutes are providing sexual services in order to finance their drug addiction. There is however some information which shows that young girls, over 18 years of age, are providing sexual services, simply to get "pocket money". There is a risk that younger girls could be pulled into this kind of prostitution (National Criminal Investigation Department). 2.1 The Task Force on organised crime in the Baltic Sea Region The Task Force has provided the Expert Group with information about the existence of child prostitution and/or child pornography in the form of organised crime in the Member States. The majority of the Member States have informed that child prostitution and child pornography do not exist in the form of organised crime. Norway has stated that child prostitution exists to a minor extent, but there is no evidence for calling it generally speaking a form of organised crime in Norway. Poland has stated that there have been a few cases of child prostitution in the form of organised crime. Latvia has stated that there are minor prostitutes that have been sent abroad and that this trafficking might be connected with organised crime. Germany has stated that there may be some isolated attempts to organise child prostitution on a gang basis. Russia has underlined that the problem of commercial sexual exploitation of children is of importance and deserves consideration at an expert level within the frameworks of the WGDI. On the issue of child pornography the Member States indicate that offenders act on their own and are not organised. Some offenders have collected large amounts of pornographic material which they exchange. 3. LEGISLATION Legal action in the field of commercial sexual exploitation of children is to be divided in two: changes in the laws themselves and the enforcement of the laws. The Expert Group has found that some of the Member States are lacking legislation that is coherent and has a full coverage of the issue. There are legal loopholes in the legislation which make it hard to prosecute some perpetrators. Even though legislation on commercial sexual exploitation exists in some Member States, there are problems with enforcement. In other Member States the problems are of another character. The legislation is not up to date and does not conform with the UN Convention on the Rights of the Child. The following is a compilation of the information submitted by the Member States. 3.1 Age limits CountryAge of consent to sexual intercourseOther age limits in relation to protection against sexual exploitation or sexual abuse Denmark1512, 21 Estonia14 16 Finland1614 Germany1416,18, 21 Iceland1416 Latvia16 Lithuania1814,16 Norway16 14, 10 Poland15 Russia1816, 14 Sweden1518 Some of the different age limits listed in the second column are related to cases where the child is in a position of dependence, for example a pupil and a teacher. Other age limits are seen as aggravating circumstances. For more details see annex B. 3.2 Existence of special provisions regarding commercial sexual exploitation of children Denmark There are no special provisions against child prostitution in the Danish Criminal Code. The child is however protected by other provisions. The perpetrator can be sentenced to 6 years' imprisonment or if the child is under 12 years of age or if the perpetrator has enforced sexual intercourse by coercion or by persuasion the sentence may be up to 10 years' imprisonment. A person can be sentenced up to 4 years' imprisonment for pandering. There are no special provisions in the Criminal Code regarding the treatment of perpetrators but perpetrators can under certain circumstances be sentenced to treatment as a condition for a suspended sentence. It is illegal to produce, distribute and possess child pornography in Denmark. Estonia There are special provisions against commercial sexual exploitation of children in the Criminal Code. It is illegal to persuade or mediate a minor into prostitution, to purchase or sell children and to exchange or steal a child for the purpose of revenge or personal profit or some other personal motive. The sanction for these crimes is imprisonment. There is no special rehabilitation programme for offenders of sexual crimes within the penal system. It is illegal to possess, distribute, deliver or to put in public display issues depicting a minor in an erotic or pornographic situation. It is also illegal to deliver or to put into public display or to make accessible to underage persons issues depicting a minor in an erotic or pornographic situation. Production of child pornography is illegal as well. Finland There are no special provisions against prostitution or commercial sexual exploitation of children in the Penal Code. Pandering or encouraging or taking advantage of the life that a prostitute leads for personal gain is punished by imprisonment. The sanction against the perpetrator is imprisonment. There are no provisions about the treatment of the perpetrator in the Penal Code. The chapter of the Penal Code on sexual offences is undergoing a reform and the bill is currently under discussion in the Finnish Parliament. One of the main objectives of the new provisions on sexual offences is to improve the protection of children by criminal law. The bill includes a penal provision on sexual intercourse and other sexual relationship with a child under the age of 15. The bill also includes a completely new provision, the purchase of sexual services from a child under 18 years. These offences are subject to public prosecution. A new provision penalising the possession of child pornography is also foreseen in the bill. Possession is proposed to be criminalized even in situations without intent to distribute the material. Production and distribution of child pornography are already criminalized. Germany There are special provisions in the Criminal Code concerning sexual offences against children, promotion of minors' sexual acts and child prostitution. Production, distribution and possession of child pornography are illegal. In Germany , the terms "child prostitution" and "child pornography" only relate to persons under the age of 14. A perpetrator is punished by imprisonment. Pandering and pimping are also punished by imprisonment. In cases where the execution of a sentence is suspended and the offender is placed on probation or a prisoner is released on parole, the court may issue an instruction to the offender for the term of probation, including instruction to submit himself to therapy. According to an amendment to the Criminal Code that will come into force mid-January, the offender's consent will no longer be a prerequisite to such an instruction, provided the therapy does not include the infliction of bodily harm. Sex offenders can also undergo therapy while serving a prison sentence, either in a regular prison or in a special institution for social therapy. The amendment mentioned above will also facilitate the confinement of a sex offender to an institution for social therapy. According to an amendment to the Criminal Code that has come into force in January 1998, the offender's consent is no longer a prerequisite to such an instruction, provided the therapy does not include the infliction of bodily harm. Sex offenders can also undergo therapy while serving a prison sentence, either in a regular prison or in a special institution for social therapy. The amendment mentioned above has also facilitated the confinement of a sex offender to an institution for social therapy. Iceland There are special provisions against prostitution in the Icelandic Penal Code. Prostitution is subject to a maximum prison term of two years. It is illegal to earn one's living through promiscuity of others and to induce or coerce youths under the age of 18 to support themselves through promiscuity. It is also illegal to assist other persons in travelling to or from Iceland for the purpose of subsistence by promiscuity. Pornography is a punishable offence under the Penal Code and producing, importing for distribution, selling, circulating or propagating pornographic publications or pictures or other such materials or putting such on public display and holding public lectures or games which are similarly indecent is punishable by fine, detention or up to six months' imprisonment. It is specified that the same penalties apply to passing pornographic publications, pornographic pictures or other similar material on to youths under the age of 18. Possession of photographs, films or similar material depicting children in a sexual or pornographic manner and possessing photographs, films or similar material depicting children performing sexual acts with animals or using objects in a pornographic manner is an offence punishable by fines. The sanction against perpetrators is up to 14 years' imprisonment. The sanction for pandering or for being a pimp is up to 4 years' imprisonment. There is no treatment for the perpetrator within the penal system. Latvia There are special provisions in the Latvian Criminal Code against commercial sexual exploitation of children. These are provisions against the involvement of children in prostitution and child pornography. The child is also protected by other provisions in the Criminal Code. Production, distribution and possession of child pornography is illegal. The sanction for a perpetrator is imprisonment. The Criminal Code provides for treatment of the perpetrator only if the perpetrator has been diagnosed as mentally ill. The sanction for pimping and pandering is imprisonment. Lithuania There are both special administrative provisions and special penal provisions against the involvement of minors in prostitution. There is a very wide range of sanctions for a perpetrator. A perpetrator can be sentenced to up to 15 years' imprisonment. There is no treatment of the perpetrators within the penal system. The sanction for pandering is imprisonment. The production and distribution of child pornography is illegal. The possession of child pornography is not legal if its aimed at selling or multiplying. Norway The Norwegian legislation does not contain any provisions concerning commercial sexual exploitation of children in particular. Children are protected in this respect by other provisions of the Penal Code. There are also provisions in the Broadcasting Act which prohibits transmission of pornographic material which violates Norwegian law, child pornography included. The sanction for a perpetrator is imprisonment. The Penal Code does not provide for treatment of the perpetrator. Some prisons have established connections with treatment programs for people convicted of sexual child abuse. The same programs are also used in some units of services for prison inmates released on probation. The sanctions for pandering or gaining financially from other people's prostitution are described in the Penal Code. Depending on the circumstances, the maximum sentence is five or two years' imprisonment. It is a criminal offence to possess or import pictures, films, videocassettes or the like in which a person is, must be considered to be or is presented as being under the age of 16 and is shown in an indecent or pornographic manner. Publishing, offering for sale, hiring or in any other way attempting to disseminate pornographic material is punishable. Production of child pornography within national borders will at least imply a violation of section 196 of the Penal Code. Poland There are special provisions against prostitution in the Criminal Code. Prostitution by adults or minors is not considered a crime or an offence. However, any other activity related to prostitution i.e. pandering and procurement are punishable irrespective of the age of the prostitute. Enticement or abduction of women and children for the purpose of prostitution is also punishable even when there is consent from the abducted person. There are other provisions in the Penal Code which aim at protecting children from sexual exploitation. The sanction for a perpetrator is imprisonment. The Penal Code does not provide for any treatment of the perpetrator but there is treatment for the perpetrators within the framework of the general rehabilitation system. There are no special provisions concerning child pornography in the Polish Criminal Code. The general provisions concerning pornography state that production and distribution are illegal but possession is legal. Russia Prostitution and all activity connected to prostitution are subject to administrative measures. In 1997 it became illegal to trade in children. In July 1997 a Criminal Proceeding Code based on priority of human values came into effect with special provisions against discrimination of children and rape of minors. The punishment for pandering varies from fines to imprisonment. Distribution and advertising of child pornographic material is illegal. It is also illegal to produce and sell child pornography in the form of printed matter, film and videocassettes. Possession of child pornography is not covered by existing legislation. Sweden Most penal provisions concerning sexual offences refer to offences committed against both children and adults. Child abuse, however, is generally viewed in a stricter light than the same crime committed against an adult person. The penal provisions are also intended to protect children from involvement in prostitution. It is for example illegal to purchase sexual services from a person under the age of 18. The sanction against a perpetrator is imprisonment. Pandering and pimping are illegal. Sexual offenders are being placed at prisons with special facilities for treatment. All condemned sexual offenders have to participate in a introduction course in order to motivate them to undergo therapeutic treatment. Such treatment is offered all offenders. Today the production or manufacture of child pornography with the intention of spreading the material, and the spreading of child pornography are punishable offences. In December 1997 the government introduced a bill on a constitutional amendment concerning child pornography. All handling with pictures of child pornographic characters are to be punishable. Possession, mediation, import and export of these kinds of pictures are therefor to be punishable. All child pornographic pictures - both pictures that show real child abuse and pictures made through computer technology are embraced by the prohibition. Drawings, paintings and other craftsmanlike produced pictures are not covered by the prohibition if the possessor has made them himself. A child is to be defined as a person who is aged under 18 or whose pubescence has not been completed. Today an image is deemed to be child pornography if the person pictured is not fully past the stage of puberty. 3.3 The child and court proceedings - procedural questions Denmark In principle the hearing of a witness shall take place directly in court during the court proceedings. However when hearing a child under the age of twelve in cases concerning sexual abuse, the courts have accepted that video recordings of the interrogation of the child during the police investigation in the presence of the defence counsellor are being shown instead of a regular hearing of the child. Estonia The Penal Code establishes that a minor witness, younger than 15 years of age, is to be interrogated by the judge with the participation of a teacher and/or a psychologist, in cases of need also with the participation of parents or other legal representatives. The judge decides whether or not the child has to appear before the court. It is accepted to show an hearing recorded on a video-cassette instead of bringing the child to the court room. Whether the video material has to be prepared on the basis of an hearing led by a specially trained police officer or a social worker who also mediates the question to other authorities is, however, not clearly stated. Finland In court proceedings the child is represented by the person responsible for his care and custody, his guardian, or if the guardian is a suspect another legal representative. The court can assign a legal counsel to the child for the pre-trial investigation and for the court proceedings. The court will decide whether a child under the age of 15 will be heard as a witness or not. In cases of sexual abuse the child is not called to witness, but the presentation of evidence is based on medical and other statements and hearing of experts. The statement of the child may be recorded on audio tape or on video cassette. Germany On 13 March 1997 the Federal Government entered a bill for the protection of witnesses in criminal proceedings (Protection of Witnesses Act). It provides that witnesses may be questioned with the use of audio-visual media if they cannot be cross-examined during the main proceedings. It applies most of all to witnesses who require protection, especially child victims of crime, in order to minimise the stress. Iceland A regulation on interrogation procedures sets out detailed provisions on the legal rights of arrested persons and police interrogation. Among other things, the regulation stipulates that during the interrogation of witnesses under the age of 18, the parents or another person enjoying the trust of the witness should be allowed to be present. A member of the child welfare committee should also be given an opportunity to be present. As regards the procedure of the interrogation, the regulation states that great consideration should be shown when interrogating children under the age of 18 and that children should be interrogated on their home turf if possible. It is also specified that testimony shall be video-recorded or audio-recorded if possible if the witness is the victim of a sexual crime. It is specified furthermore, that repeated interrogation of children is to be avoided to the extent possible in such circumstances. Trials in cases concerning sexual abuse are always held behind closed doors. The judge may also decide that the defendant be removed from the courtroom during the testimony of the victim or other witness. Children's testimony on video-films is admissible in court. Latvia A minor who is accused is, if it is necessary, cross-examined in the presence of a pedagogue or legal representatives. If the child is a witness in a criminal case, he then gives his evidence in the presence of his parents and a children rights protection inspector. If the minor has not yet attained 16 years of age, the presence of a legal representative, a pedagogue or a psychologist is compulsory. Lithuania The child has to appear before the court. There are no age limits. The child should have a representative during the court hearing. The court hearings of sex crimes are often held behind closed doors. Norway As a principal rule, children under the age of 14 shall not have to appear in court in cases of sexual offences. Testimony from children in such cases shall be given outside the main hearing. During the judicial examination, the judge may appoint a specially qualified person to assist with the examination. This examination is videotaped or audio taped and written down to be used as evidence during the trial. Witnesses or for example the lawyer of the accused person may watch the hearing through a one-way mirror, but are not allowed to ask questions directly to the child. Poland If it is necessary for a minor to be heard, the hearing should be held in conditions resembling a normal situation for the child, if possible, in the minor's place of residence. Repeated interrogation concerning the same facts or facts stated by other reliable evidence should be avoided. A psychologist with the relevant professional background should be present at the hearing. The child's parents' presence is also allowed. A written record of the hearing is drawn up, which, however, does not constitute sufficient evidence in court. Any person, including minors, summoned to give witness in court is obligated to appear and give evidence, and to answer any question asked by either party, unless overruled by the court. There is only one possibility to protect the child's interest in court provided for by the Polish legal system. It is the right to request that the court gives its consent for the child to be heard in the absence of the defendant in the court room. The Polish legal system does not provide for any special treatment to be accorded to minors victims of sexual offences, or, ipso facto, for any special procedures intended to protect under-age victims of such offences. The use of a videocassette with an interrogation of a child as evidence in court will become permitted under the new Code of Court Procedure to come into force on January, 1 1998. Russia There are special provisions regarding the hearing of a child during investigations. The child has the right to participate during judicial or administrative investigations. It is compulsory to take notice of and to listen to the statement of a child who have reached the age of ten. There are special provisions regarding the summoning of a witness under the age of 16 and how to interrogate a witness under 16. It is compulsory that a legal counsellor participates during the interrogation. Sweden In principle the hearing of a witness shall take place directly in court during the court proceedings. The interrogation during the preliminary investigation is made by a specially trained police-officer who is chosen for his or her special abilities and most often he/she is alone with the child. The interrogation of a child under the age of 15 is documented on a videotape. The interrogation can be watched simultaneously in a connected room by the prosecutor, defence lawyer, social worker, the lawyer of the victim or a psychologist. The prosecutor and the defence lawyer have the possibility to ask the police-officer to put supplementary questions to the child. In court the judge decides whether the video documented interrogation should be shown or if the child has to be present for supplementary questions. The suspected perpetrator must in the latter case sit in another room and listen to the interrogation via a loudspeaker. 3.4 Dual criminality-extraterritorial jurisdiction Denmark Only acts that are punishable under Danish law can be prosecuted at a Danish court. Acts that are committed within an area acknowledged by international law, have to be punishable also under the country's legislation where the act was committed in order to be prosecuted in Denmark. Estonia There is no requisite of dual criminality to Estonian law. Finland On 19 September 1997 the Government presented a bill to Parliament amending the Penal Code by abolishing the requirement of the so-called double-criminality in sexual crimes against children. According to the bill a Finnish citizen or a person residing permanently in Finland can be sentenced for sexual crimes against children even though the act is not punishable in the criminal code of the state where the act was committed. Germany German Criminal Law is applicable to crimes of sexual abuse of children committed by German citizens residing in Germany, even if the act is not punishable in the country where it is committed. This provision will be amended by the 6th Law of Penal Reform coming into effect later this year. In the future all crimes of sexual abuse of children committed by Germans will be punishable under German Law, regardless of their residence and the laws in effect where the perpetrator acted. These rules don't apply to foreigners residing in Germany. Crimes of sexual abuse committed by foreigners in a foreign country can only be prosecuted in Germany, if the act was punishable in the country where it was committed. The perpetrator is not extradited. Iceland In Iceland there exists a dual criminality requirement. Latvia There is no requirement of dual criminality according to Latvian law. Lithuania A citizen or a person residing permanently in Lithuania can be prosecuted in Lithuania for a sexual crime against a child committed in a country where the act is not punishable. For other persons the rule of dual criminality is valid. Poland In Poland the requirement of dual criminality exists. Norway As regards sex crimes, the crimes in sections 192-195 and 206-109 of the Penal Code are punishable by Norwegian law when committed by a Norwegian citizen or a person domiciled in Norway in a country where the act is not punishable. Other sex crimes committed in another country are punishable in Norway according to the principle of dual criminality. Sweden Swedish courts today have great possibilities of convicting a person who has committed a crime abroad, provided the crime is also punishable in the country where it was committed (the dual criminality requirement). Sweden can convict, not only its own nationals but also aliens domiciled in this country. Aliens not domiciled in Sweden but nevertheless residing in Sweden can also be convicted of such crimes. These rules are generally applicable and thus apply both to sexual offences against children and to other crimes. Where certain crimes are concerned, conviction by a Swedish court is possible even if the offence is not punishable in the country where it was committed. This applies to certain typically international crimes and to all aggravated crimes, i.e. crimes, such as aggravated rape, for which the minimum penalty is not less than four years' imprisonment. It is not possible, on the other hand, for Swedish citizens to be extradited to another country for criminal proceedings or serving of sentences there. This principle is waived for extradition to the other Nordic countries and to certain international war crimes tribunals. A convention on extradition to other Member States has been worked out within the European Union. In connection with Sweden's accession to that convention, it will be considered whether Sweden should also open the door to extradition of its own nationals within the EU. 4. SOCIAL SERVICE The findings of the Expert Group are that the work in this field should be concentrated on prevention and rehabilitation. The Member States have informed the Expert Group whether the issue of child abuse is on the curricula of the schools for social workers. The Member States have informed about the existence or non-existence of legal obligations for certain professions to report suspicion of sexual exploitation, i.e. duty of notification. The Expert Group has found that the view of the child and the work methods differ in the Member States. Some countries have no experience of multidisciplinary co-operation in this field. There is therefore a need for developing methods for co-operation between different professions working with children. The existence or non existence of education on the issue of child abuse and sexual exploitation on the curricula of the schools for social workers in the Member States has been difficult to establish due to the curricula in many States not being decided by a central authority. In some States the issue of sexual abuse of children is a voluntary subject. In order to raise the awareness among social workers and thereby making it possible for an effective preventive work the issue of sexual abuse of children has to be integrated into the curricula. There is a need in some of the Member States for sexual education being introduced into the compulsory school curricula, and also a need for education in the schools for social workers about especially vulnerable children who run the risk of being sexually exploited. It is important to raise the awareness of the issue not just among social workers but also among pre-school staff, teachers, the medical services, the child psychiatry care services, the media and the police. A multidisciplinary approach is needed. Regarding rehabilitation measures there are according to the survey by the Expert Group a lack of preparedness concerning rehabilitation measures among some of the Member States. In a number of countries there are rehabilitation centres managed by NGOS. In some countries public rehabilitation measures for these children are integrated in services including much wider target groups. When working with rehabilitation of sexually exploited children it is important to have a multiprofessional approach. Some of the Member States have none or very little experience of co-operation between e.g. the police and the social service. It is of utmost importance to develop methods for multidisciplinary co-operation. In general it is important that the work against commercial sexual exploitation of children is being done on a multidisciplinary level and that consultations between the Member States take place in order to use and develop already existing projects. 4.1 Curricula of schools for social workers The Member States have provided the Expert Group with information about the existence of education on sexual exploitation of children in the curricula of the schools for social workers. CountryYesNo Denmark x x Estonia x Finland xx Germanyx Icelandx Latvia x Lithuania x Norway xx Poland x Russia - - - - - - Swedenx Denmark In Denmark the curriculum is to a very high extent adopted in a decentralised manner at the schools and between the individual teachers and students. In the ministerial regulation concerning the standards and objectives of the social worker schools, the issue of commercial sexual exploitation of children does not appear. The curricula adopted locally at the schools for social workers does not explicitly contain reference to the issue. Estonia The issue of sexual exploitation of children is included in the curricula of the schools for social workers to some extent as a topic overlapping with child protection questions as well as violence etc. There is no separate program which would include a systematic overview of this complicated area. Finland The issue of commercial exploitation exists to a very small extent in the education of social workers. Germany A new interdisciplinary curriculum for the scientific university regarding sexual pedagogy has been developed and is now being tested. Iceland In Iceland the education of social workers is provided by University of Iceland and is a four year programme. The curriculum emphasises courses in violence in families with specific on child abuse. The issue of commercial exploitation of children is introduced to students but not explicitly referred to. Latvia There is one course on the issue of sexual abuse of children at the school for social workers in Riga. Lithuania The issue of commercial sexual exploitation is on the curricula of the school for social workers. Norway The issue of sexual child abuse is an integrated part of the education of Norwegian social workers on the subject of child abuse and neglect. However, the decentralised decision-making concerning the curricula and the autonomy of each regional academy makes it hard to get an exact quantitative image of the focusing on sexual child abuse. There is at present no overview of to which extent the issue of commercial sexual exploitation of children is on the curricula at different regional academies for education in social work. Poland The issue is not included in the curricula. Sweden In the Swedish education of social workers a general perspective and a general knowledge is emphasised. The two major subjects in the education of social workers are children' s issues and problems of substance abuse. There is a section in almost every single course in the education which deals with the issue of children. The problem of sexual abuse of children is brought up in many of these courses. 4.2 Duty of notification The Member States have provided the Expert Group with information about the existence of any legal obligations for certain professions to report suspicion of the occurrence of sexual exploitation of children. CountryYesNo Denmarkx Estonia x Finlandx Germanyx Icelandx Latvia x Lithuaniax Norwayx Polandx Russiax Swedenx Denmark According to Section 19 in the Social Welfare Act professionals who are public servants must notify the Municipal executive board, if they in their line of duty get knowledge about conditions which give reason to believe that a person is in need of social assistance. This provision is used in cases of suspicion of sexual exploitation of children. According to section 20 any person who becomes aware to a child or a young person under the age of 18 is exposed to neglect or degrading treatment by his parents or any other person bringing him up, or lives under conditions liable to imperil his health or development, shall be under a duty to notify the municipal council. Estonia According to the Social Welfare Act, family members of a person in need of assistance, judges, police officers, prosecutors, heads of health care services or educational institutions and other officials are obliged to give notice of a person in need of social welfare to the local municipality where the person is residing. According to the Child Protection Act every person who learns that a child in need of protection or assistance is obliged to immediately notify the Social services department, police or some other body providing assistance. Finland If a person within the social and health authorities, schools, police, parishes or another person with a commission of trust, in his line of duty, learns about a child who is being abused and in need of assistance this person must notify the social welfare authorities. Germany Under the Child and Youth Services Act, workers in youth and youth welfare services-as in other areas relating to the protection of children-are required in sexual abuse cases to take preventive action by identifying danger at an early stage and seeking to remove it, and by arranging for follow-up educational assistance. This includes the obligation to report on cases where danger to the child's welfare cannot otherwise be avoided. Iceland According to the Children and Youth Protection Act, Chapter IV, there are several articles covering obligations regarding notification. Obligation to the general public: "Anyone who becomes aware that a child is mistreated, its upbringing neglected, or its circumstances so deficient that this presents a threat to the child, is obligated to notify the Child Protection Committee where the child is resident. In addition, every person has the right to inform a Child Protection Committee of any matter which may be expected to deserve its attention" (art 12). Obligation of parties involved with children: "Anyone who, because of his employment or position, is involved in dealing with children and youth and who becomes in the course of his work aware of unacceptable breaches in the upbringing and circumstances of children and youth is obligated to notify a Child Protection Committee of such. Nursery school teachers, private child care-workers, teachers, ministers, doctors, midwifes, nurses, psychologists, social workers, and others who are responsible for social services or counsel are especially obligated to take note of the behaviour, upbringing, and circumstances of children and youth, whenever possible and inform a Child Protection Committee if it appears that a child's circumstances call for the intervention of a Child Protection Committee. The obligation to notify such cases takes precedence over legal provisions regarding the obligations of the professionals concerned regarding confidentiality" (art 13). Latvia A resolution have been accepted by the Ministry of Education, the Ministry of Welfare and the Ministry of Internal Affairs on the issue. According to this resolution, medical personnel, teachers and police are bound to inform specialists of children's right protection within 24 hours about cases where violence (including sexual exploitation) against children have been observed. Lithuania The legal obligation applies to social workers, doctors and police. Norway Section 4-6 in the Child Welfare Act gives an account of the duty of notification to the child welfare services that applies to employees in public agencies as well as members of various specified professions. If somebody within these categories has reason to believe that a child is being exposed to commercial sexual exploitation, the duty of notification will apply. The only exception from this duty concerns ministers of a religion who are subject to very strict rules of confidentiality. In a section of the Penal Code a duty of all citizens to report certain violations of the code is stated. Rape and sexual acts with someone under the age of 14 are included. Poland The Act on Proceedings in Cases involving Minors obligates any person who discovers signs of depravation in a minor to notify thereof his/her parents, the school, the family court, the police or other relevant authorities. The Code of Civil Procedure obligates everyone to report any event justifying that a family or guardianship case at is brought to a guardianship court. Russia Persons working with children or other citizens who learn about someone breaking any law regarding the protection of children are obliged to report this to the local authorities where the child is. When the authorities learn about a crime against a child they have to take measures to protect the child. Sweden Section 71 of the Social Services Act defines the duty of a person learning that a child is suffering from neglect to report the matter to the social services. Under these provisions, any person acquiring knowledge of any matter which can imply a need for the Municipal social welfare committee to intervene for the protection of a child is to notify the social services to this effect. It is the duty of persons professionally involved in activities relating to children and young persons, whether under public or private auspices, to notify the Municipal social welfare committee immediately if, in the course of their professional practice, they learn anything which can imply a need for the committee to intervene for the protection of a minor. 4. 3 General preventive measures in the Member States in the field of sexual exploitation of children Denmark In Denmark a preventive system has been developed which, however, is not especially aimed towards sexually exploited children, but for a larger target group. There are possibilities in this system to prevent sexual exploitation of children. District nurses have contact with families. Professionals at day care institutions get through courses, conferences and information sheets the necessary knowledge to be able to acknowledge signals of commercial sexual exploitation of children. Estonia The purpose of social welfare is to provide assistance to persons or families in order to prevent, eliminate or relieve subsistence difficulties and to assist persons with special social needs. In order to provide this assistance certain social assistance schemes and social services mostly provided by local governments have been developed (counselling, hot-lines, in-home services, housing services). Local authorities have also developed and implemented specific programmes and projects for the development of and protection of children. The social service departments are competent to intervene whenever an adult mistreats a child, in order to resolve the conflict, and if necessary seek punishment of the person at fault in an administrative or criminal procedure. A child who has suffered violent treatment or mistreatment shall be accorded necessary assistance. An adult who treats a child violently shall also receive counselling in order to prevent further mistreatment. Finland Sexual education is given in compulsory school aimed at sound sexual development. The school health service aims at discovering teenagers that are about to get into problems. Germany There is a close network of youth authorities, social-pedagogical counselling services, child-psychiatry institutes and child protection organisations that do both preventive and rehabilitative work on the issue of sexual exploitation of children. Iceland There are no specific preventive measures in the field of sexual exploitation of children. Sexual child abuse is however a subject within the educational system both for social workers, teachers and pre-school teachers. One can therefore assume that these professionals are somewhat prepared to handle suspicion of child sexual abuse. The government Agency for Child Protection has specifically introduced the duty of notification to many professionals. (See under 4.2) The local authorities provide a wide range of services aimed towards families at risk as well towards specific youth problems. Outreach programmes aimed towards youngsters exist in many locations and the staff is aware of the possibility of sexual abuse and sexual molestation and they are trained in reacting to suspicion of such a situation. NGOs in Iceland, specifically Stigamot, which is a counselling- and information centre on sexual abuse, is constantly reminding the public of the seriousness of sexual child abuse. Latvia Sexual education is included in health classes in the compulsory school system. There are several NGOS that make considerable efforts to protect children against sexual abuse. Lithuania A special programme of preventive measures against sexual exploitation of children has been established by the Government of the republic of Lithuania on 1 September 1997. Norway General preventive measures for children and youth in Norway are usually aiming at a wide range of potential problems and target groups. These measures may involve schools, school health services, school psychology (social-pedagogical counselling) services, leisure clubs, local police, voluntary organisation etc. At the individual or family level, a broad range of in-home measures are used pursuant to the Child Welfare Act, often in co-operation with other agencies, for example child psychiatric services or voluntary organisations. The law presupposes that such measures are tailored to the individual needs of the child. Regarding measures for children and youth perceived as belonging to risk groups, there are local efforts for example against substance abuse, since the correlation between drug abuse and child prostitution seems to be rather high. According to the Child Welfare Act measures, if necessary involuntary, may be taken regarding anyone under the age of 18 who is a prostitute after thorough examination of the person's general life situation. Under very specific circumstances, the child welfare authorities can act in the same way when a minor is engaged as an "actor" in the production of pornographic material. Under very specific circumstances, the child welfare authorities can act in the same way when a minor is engaged as an "actor" in the production of pornographic material. Poland There are lectures, seminars and workshops organised in schools and information and special programmes in mass media. Russia There is a whole complex of preventive measures against sexual exploitation of children. A bill, currently under review in the state Duma, on limiting circulation, production of shows of sexual nature shall contribute to the protection of children from sexual exploitation. The bill includes a special article on protection of children under the age of 18. The article aims at preventing children from being pulled into the sex industry. Adoption of the law on the basis of legal protection against violence in families shall also contribute to the protection of children under the age of 18 from sexual violence. Sweden A general support system for all children (health care services, parental education and support, child care and schools) is essential in the prevention of social problems in general. Sexual education adjusted to the age of the children at regular intervals through all stages of school is an effective preventive instrument. In Sweden, youth centres have been established as an easily accessible, multi-professional preventive community resource, usually in co-operation between the county and the municipality. Since the 1970's they play an important role in preventing unwanted pregnancies among young people, sexually transmitted diseases (STD), psychological and social disorders as well as the abuse of alcohol and other drugs. 4. 4 General rehabilitation measures in the Member States against sexual exploitation of children Denmark A multidisciplinary co-operation is normally organised when a case of sexual exploitation of a child is established in order to alleviate the trauma of the child. Among others psychologists, psychiatrists and social workers are taking part in this kind of co-operation. Estonia A child who is separated from his/her family can be placed in a foster family or in a welfare institution, such as a day centre, shelter, youth or group home, where children are guaranteed appropriate care suitable for their age and specific conditions. The child receives treatment, medical care, rehabilitation, education. Special projects and programmes have started on state level as well as on local level: Tartu Child Support Centre is partly financed by the State to prepare procedures and methods for treatment of abused children; self help and therapy groups are run by professionals and volunteers in the local communities. Germany There is a close network of youth authorities, social-pedagogical counselling services, child-psychiatry institutes and child protection organisations that do both preventive and rehabilitative work on the issue of sexual exploitation of children. Iceland In general the Child and Youth Protection Act covers a wide range of supportive measures to assist children and their families who have been victims of child abuse. If an investigation reveals a need for action on behalf of a Child Protection Committee. The Committee shall, in co-operation with the parents and the situation of the child or youth concerned in regard, offer assistance in an appropriate manner by taking different actions. Placement in a foster home can be applied in cases where parents are unable to support and provide the necessary means for the child. Treatment homes are also available for children and youths who have severe behavioural problems or substance abusers. Finland Sexually abused children and child prostitutes are often taken care of by institutions. Some children are also taken care of through child psychiatric hospital care and/ or out-patient treatment. Latvia Sexually abused children and their families can receive professional psychological help at the Psychological Centre at the University of Latvia. The Psychiatric State Centre in Jurmala provides psychological, medical and other necessary special care for persons suffering from sexual abuse. The state cannot however ensure comprehensive rehabilitation and reintegration of children who have suffered from violence and sexual exploitation. Lithuania There is one rehabilitation centre for children who are victims of sexual exploitation. Norway Since the incidence of commercial sexual exploitation in Norway is low and somewhat undetermined, it is not possible to give a precise description of the rehabilitation measures in use. It is however reasonable to assume that those victims of abuse which the authorities are aware of, all are very frequently within the categories of "youth with severe behavioural problems or "young substance abusers". These categories of youth often receive co-ordinated assistance from child psychiatry as well as child welfare services, through in-home services, in institutions or especially equipped foster homes. Some studies indicate that many of the clientele in working residential collectives for young substance abusers have been involved in child prostitution. Education, often in the form of vocational training, is an essential element in treatment programmes for the aforementioned categories of youth. In addition, some studies are indicating that a substantial percentage of psychiatric patients- minors as well as adults-have been exposed to sexual abuse or exploitation as children. These studies do not indicate the extent to which this implied commercial exploitation. Poland In Poland there exist psychiatric care service and assistance for all victims. Russia Children who have been sexually exploited or that are at risk of being sexually abused can call a special telephone line. They can also turn to a psychological-pedagogical consultation. In critical cases the children can turn to crisistemporarily. -centres-shelters and stay there These shelters have grown in numbers since 1993 but they do not cover the need. Many children do not know that these shelters exist. Sweden The work with sexual abuse is performed in a multidisciplinary setting. The municipal social services have the primary responsibility to ensure that the rights of a child who has been sexually abused are properly considered. In order to fulfil this task, the great majority of municipalities in Sweden have what are called consultation groups. These group include representatives of the social services, child psychiatry, the police/prosecution service and sometimes also of adult psychiatry and/or paediatric medicine. The social service authority is convening member and ultimately responsible for children being helped and protected in vulnerable situations. The consultation group has the task of discussing, planning and co-ordinating the handling of the matter. Treatment for children who have been sexually abused and their families shall be decided upon individual assessments in each case. Group treatment is also available in some parts of Sweden. 4.5 Co-operation projects It has not been possible for the Expert Group during the time available to get a more informative picture of ongoing projects, based on co-operation between two or more of the Member States. Projects aimed exclusively against commercial sexual exploitation of children seem to be rare. A number of projects with a wider approach are or have been going on. The NGOS active in the field, are playing a major part in many of the projects. It will be of importance in the realisation of the proposed projects of the Expert Group to rely on the expertise and know-how of the NGOS. The result of one project by the International Federation of Social Workers in collaboration with the International Child Bureau, the NGO Group for the Convention on the Rights of the Child and ECPAT could be of long-term interest. The goal of the project is to produce a manual for professionals on effective psycho-social strategies to address sexual exploitation with the aim to create sustainable change through recovery and integration of children into their families and communities. The aim of the project is to have the handbook available at the end of 1998. A translation of the handbook into the languages of the Baltic Sea Region and integration of the handbook into the work against sexual exploitation of children in the region should be considered together with the initiators. 5. POLICE The Expert Group has found that it is of utmost importance that the awareness of the issue of commercial sexual exploitation of children is raised among the police. Today, there is in some Member States a lack of trained staff and lack of evidence and reliable data. Crimes against children must be given as high priority as any other severe crime. It is consequently important that the issue of commercial sexual exploitation of children is included in the curricula of the police academies. It is also important to strengthen the interaction with families of the victims and the victims themselves as well as the co-operation with medical services to prevent the risk of evidence being destroyed during investigations. A close co-operation with psycho-social prevention and rehabilitation services should be given priority in the police work. Methods for co-operation between the police and the social services should be developed and consultation groups set up. A closer co-operation with the tourist industry is a way of keeping the developing sex tourism in check. The local tourist guides need a special police officer to whom they can turn to in case of suspicion of commercial sexual exploitation of children. The Expert Group has found that it is important that the Member States exchange, drawing on the already existing co-operation in the field , law enforcement intelligence relating to known and suspected serious criminals who are operating in another Member State or may be likely to do so. 5.1 Curricula of the police academies The Member States have provided the Expert Group with information about the existence of education on commercial sexual exploitation of children in the curricula of their police academies. CountryYesNo Denmark x Estonia x Finland x Germany x Icelandx Latviax Lithuania x Norwayx Poland x Russiax Sweden x Denmark There is a special post-graduate course on how to handle vulnerable children for police officers at the Criminal Investigation Department who investigate sexual exploitation of children. Estonia The question of commercial sexual exploitation of children will be included in the curricula of the Police Academy the next academic year (1998/1999). Finland Sexual exploitation of children is discussed in the Police Academy in connection with courses on criminal investigation and penal legislation. As commercial sexual exploitation of children is not a major problem in Finland, no special courses about it are so far included in the curricula. Special attention has lately been paid to methods of hearing children in pre-trial investigation. Germany The complexity of the problems regarding sexual exploitation of children is a fundamental part of the police education. A specialisation regarding the special features of commercial sexual exploitation of children takes place regularly but only when a concrete case is presented for the Criminal bureau of Investigation. Iceland Although a separate course on commercial sexual exploitation of children is not on the curricula of the Police Academy, this issue is nevertheless included in other courses of the. Latvia The Latvian Police Academy provides the students with education material on professional ethics and professional psychology. These studies include practical knowledge about dealing with children who have been sexually abused. The students are taught about the differences in the prosecution process, the need for a special examination technique. However, there is a need for more specific and professional guidelines. There is also a need for specially educated handling officers. Lithuania There is no education on sexual exploitation of children in the Lithuanian Police Academy. Norway Investigating cases of sex crimes, including commercial sexual exploitation, is an integrated part of the basic education at the Police Academy. In addition, there are two post-graduate courses each year on the subject of sexual abuse of children. In these courses policemen are educated on how to interview children, how to carry out investigations and how special examination rooms shall be equipped. Poland There is no education on sexual exploitation of children on the curricula of the Police Academy. Russia The issue of commercial sexual exploitation is on the curricula of the Police Academies. Sweden There was earlier a lecture on the subject in the basic education. This lecture was removed in 1996 and the planning for the new police education is still ongoing. There is no information whether the lecture is going to be in the new curricula or not. In January 1998 a new special training for handling officers starts where the issue of sexual exploitation of children is being taught. 5.2 The Europol The Council of the European Union decided in 1996 to extend the mandate of EDU (European Drug Unit) to cover trafficking in human beings. The EDU submitted a report to the Europol Working Party indicating its priorities in this area. On the basis of that report, the Europol Working Party made recommendations. One of the recommendations is to amend the definition of the concept of "trafficking in human beings" set out in the Annex to the Europol Convention to enable Europol to combat the trafficking of pornographic material containing pictures of children. 5.3 Interpol and the Standing Working Party on Offences Against Minors Interpol is an instrument of international co-operation and is a gateway to law enforcement authorities in the world when it comes to law enforcement actions, prevention and training. Interpol and the Standing Working Party closely co-operate with UN agencies and ECPAT. Interpol which is the second largest international organisation in the world with 177 member states, adopted a resolution at its 61st General Assembly 1992. This resolution includes recommendations about actions concerning offences against minors. The General Assembly also created the Interpol Standing Working Party on Offences against Minors. Today this working party has participants from approximately 30 states. Interpol has and will in the future continue to combat sexual crimes against minors , which include commercial sexual exploitation of children. The Interpol General Secretariat has requested the National Criminal Boards to nominate at least one specialised liaison officer within their countries to act as a contact point for all matters relating to crimes against children. Until now 60 countries have nominated a special officer. The Standing Working Party has created a handbook on how to handle cases on crimes against minors. At a meeting in April 1996, a compilation of child pornography legislation was made by Interpol and distributed to the delegates for their comments. The compilation showed that there was a distinct lack of adequate legislation in a number of countries. This led to a resolution on child pornography at the General Assembly in October 1996. (Twice every year a working group on crime against minors meets, where commercial sexual exploitation is discussed. Except for Poland, Latvia, Lithuania and Russia all Baltic Sea States take part.) The Expert Group has found it useful to have a police officer appointed on the local level in the police districts with a special responsibility in regard to sexual crimes committed against children, especially commercial sexual exploitation. 5.4 Co-operation projects The Swedish National Crime Investigation Department arranged a seminar in Stockholm on 24 November 1997 regarding international co-operation on child abuse and child pornography. The seminar was partly financed by the STOP-programme of the EU-Commission. The main purpose of the seminar was to present and demonstrate a computerised library on child pornographic material. The library is a co-operation between German and Swedish police forces. The library has been in use in Sweden since the summer of 1997. A personal data register of persons who have been involved in child abuse or pornography, which includes both perpetrators and victims, is planned. The seminar was also aimed at establishing a network of contact persons with knowledge of child pornography issues. In Sweden, parts of the computerised library have been in use since the summer of 1997. The library has, as mentioned above, been developed in co-operation between the German and the Swedish police forces. Extracted pictures from videos and Super 8-movies confiscated in Sweden with child pornography have been used. A more developed computerized library will serve as a useful tool to acquire knowledge about child pornography which has been and is currently spread around Europe. By using the library it will be possible to estimate the extent of existing material and the range of distribution, and also to identify victims and perpetrators in international co-operation. With this knowledge at hand, the fight against distribution of child pornographic material and thereby also sexual assaults on children can be more effective. During the discussions at the seminars and the summing up some questions were raised: - best technical way to make search in the library easy, - what to put into the system and legal obstacles, - how to share information, - the need to supplement the library with photos of children missing since long. The need of discussing these issues was stressed. Sweden is willing to take the responsibility for the co-ordination during 1998 under the condition that the work is financed by the STOP programme. Samples will be collected from the countries involved in order to map out the situation of child pornography world wide. Representatives from each EU Member State , from the EU-Commission, EDU (Europol Drugs Unit), Interpol and representatives from Latvia, Estonia, Lithuania, Thailand, the Philippines, Sri Lanka, Norway and Switzerland were invited to the seminar. The Swedish Police College has with funding from the Swedish Government, been giving lectures for teachers at the Police Academies of the Baltic States, police officers and representatives from co-operation groups against child abuse from the Baltic Sea States. Lectures have been given in management, on environmental crime, on criminal investigation and on how to handle cases of child abuse. Concerning the lectures on child abuse, one specialised officer has from the fall of 1995 until now been twice in Latvia, once in Estonia and Lithuania. The lectures included the following subjects: Knowledge and experiences of the Swedish police on how to handle cases of child abuse; the structure of the family; who is the perpetrator; treatment of the perpetrator; difficulties in connection with exposure of abuse; Swedish legislation in comparison with legislation in the Baltic States and co-operation between authorities. A Nordic project with ECPAT and representatives from the police in the Nordic States has recently started. The purpose of the project is to map out the full extent of child pornography on the Internet and to give ideas on how to combat the problem. The STOP Committee has approved the following actions to be subject to the necessary budgetary procedures: 1. A seminar on the trafficking in human beings and the sexual exploitation of children, with a view to strengthening international and multidisciplinary co-operation in this field and creating a legal and bibliographical data base available for consultation on the Internet (The Police school of the Land Baden-Würtemberg, Germany) 2. Two seminars for police officers on methods of combating violence against children and the trafficking in human beings, with special reference to interrogation techniques and behaviour in relation to children and women who have been victims of violence. Several representatives of CEECs will take part in the seminar. (The Ministry for the Interior and Sports of the Land Rheinland-Pfalz, Germany) 5.5 Local police co-operation at the borders Denmark Co-operation between the Danish Police and the neighbouring countries exist on a bilateral level e.g. in the border district at the German/Danish border and the Swedish border. The co-operation is informal. Finland In the Nordic countries the local police departments are permitted to co-operate directly in pre-trial investigations etc. However, when co-operating with other countries the National Bureau of Investigation is the central police authority through which all exchange of information is carried out. Germany Police co-operation exists between the German police and its counterparts on the other side of the German border. Iceland The Icelandic police and immigration authorities have a traditional co-operation unit with authorities in the neighbouring countries, especially in cities where there are direct flights to Iceland, and the main commercial harbours on the continent. Latvia The present police co-operation at the borders (including that with Lithuania) is carried out on informal basis, however at present a broader-scope project on combating smuggling and trafficking is drafted at the Ministry of Internal Affairs of Latvia which would also include combating trafficking in children. Lithuania There is a border police co-operation between Lithuania and Russia, Belarus, Latvia and Poland. Norway Local police co-operation at the borders in this field takes place when needs arise. Generally, communication across the borders between police forces is transmitted through national Interpol branches. Poland A co-operation exists between local Polish police officers and the German police at some places along the border. Russia The Ministry of the Interior co-operates with the Federal Border Police in order to stop the trade with children at the borders. In the work of combating the organised crime the federal police can use the federal intelligence service. Sweden See below. 5.6 Police and Customs Liaison officers stationed in the Baltic Sea Region The police and the customs authorities in the Nordic countries have liaison officers stationed in different countries with a Nordic mandate. From the beginning the officers mainly worked with cases of narcotic drugs and illegal immigration. The officers have recently got an extended mandate to handle cases of child abuse. In the Baltic Sea Region the representation is as follows. Swedish customs officer in Bonn, Germany Danish police officer in Wiesbaden, Germany Swedish customs officer in Copenhagen, Denmark Swedish police officer and customs officer in Moscow, Russian Federation Swedish police officer in St Petersburg, Russian Federation Swedish police officer and customs officer in Tallinn, Estonia Danish police officer in Vilnius, Lithuania Swedish police officer in Riga, Latvia Swedish police and customs officer in Warsaw, Poland Finnish Police officer in Tallinn, Estonia Finnish Police officer in St Petersburg and Moscow, Russian Federation Norwegian Police Officer in Moscow, Russian Federation Norwegian Police Officer in Murmansk, Russian Federation German Police Officer in Riga, Latvia German Police Officer in Warsaw, Poland 6. TOURISM Tourism is seen as one of the channels for the commercial sexual exploitation of children. It knows no geographical, cultural or social boundaries and is often a highly organised phenomenon, which is extremely profitable and carries only low risks of prosecution. Information and moulding of public opinion are two of the most important tools in the combat against the sexual exploitation of children in tourism. There are ethical guidelines for advertising in many of the Member States. Several travel agents associations and associations of employers and employees of the tourist industry have passed resolutions and declarations against organised sex tourism. (See below for a summary) The Expert Group has found that it could be of great value to designate a special police officer at the local police districts to handle the issue of commercial sexual exploitation of children. In that way tour guides will know whom to turn to in case they suspect commercial sexual exploitation of children. These are some of the resolutions and declarations passed by the tourist industry on the issue of commercial sexual exploitation of children: The WTO (World Tourism Organisation) issued in Cairo in 1995 a Declaration about Preventing Organised Sex Tourism. The WTO has established a Task Force on Child Prostitution and Tourism Watch. Members of the Task Force include several international tourism organisations and representatives of ECPAT. A common logo has been launched and will be widely used by tourism organisations around the world. The Assembly of ECTAA (National Travel Agents and Tour Operators Associations within the European Union) approved in November 1996 an ECTAA Declaration against Child Sex Tourism. The IHA (International Hotel Association) adopted in October 1996 a Resolution against Sexual Exploitation of Children. The IATA (International Air Transport Association) passed in November 1996 a Resolution "Condemning Commercial Sexual Exploitation of Children". The organisation endorsed practical measures for educating staff, inform passengers, co-operate with other agencies and establish guidelines covering advertising and doing business with tour operators and hotels. In June 1997 the IFTO (International Federation of Tour Operators) gave full support to the WTO campaign to end sex tourism. The organisation have adopted the logo of the campaign against child sex tourism and will give it full prominence. UFTAA (The Universal Federation of Travel Agents Associations) has joined the WTO Task Force. All tourism operators linked to UFTAA are being urged to sign a "Children's Charter" and to find ways to follow up the recommendations from the World Congress in Stockholm. In November 1996 the European Commission released a Communication on Combating Child Sex Tourism. The Commission put forward proposals for deterring and punishing child sex abusers; stemming the flow of sex tourists from Member States; helping to combat sex tourism in third countries and encouraging the EU Member States to take a united stand against child sex tourism. The European Parliament has in November 1997 adopted a resolution regarding the Communication from the Commission and regarding a memorandum about the European Union's contribution to the strengthening of the combat against sexual abuse and exploitation of children. The Nordic Council of Ministers has in 1997 requested the tourist organisations in the Nordic countries to enforce their measures against child sex tourism in co-operation with governments and NGOs. 7. MEDIA The Expert Group has found the role of the media in the evolution of commercial sexual exploitation to be complex. On the one hand, the media tell stories of abused and abuser, through news, reports, documentaries, photographs and drama and whereby create greater public awareness. On the other hand, the media can themselves become the exploiter, by creating sexually provocative images of children in news or advertising or become the vehicle for child pornography or a source of information for paedophile networks and sex tourism. The way the media portray children has a profound impact on society's attitude to children and childhood, which also affects the way adults behave. It is therefore of utmost importance that the media help the child to maintain dignity and identity while reporting the facts of commercial sexual exploitation, in order not to re-exploit the child. The term media encompasses not only newspapers, television and radio but also books, magazines, films, billboards, computer games, Internet, film and other performing arts. These are all powerful tools and give the media a major role in education and advocacy. To prevent distribution of child pornography through Internet transnational measures are required at a level involving wider geographical areas than the CBSS States. The online industry has decided to report activities involving child pornography to concerned authorities. It is a delicate matter to develop ethical guidelines directed for the media. The guidelines can be seen as a way of trying to limit the freedom of the press. The Expert Group has found that the best way of solving this question is through national dialogues. 8. ANNEX A. Questionnaire Legislation 1. Which is the age of consent to sexual intercourse ? What other age limits do you have in relation to protection against sexual exploitation or sexual abuse? 2. Do you have a special provision against prostitution and / or other forms of commercial sexual exploitation ? If so, what are the provisions? If not, is the child protected by other laws against sexual exploitation? 3. What are the sanctions against the perpetrator ? Does the Penal Code provide for treatment of the perpetrator ? Is there any treatment for the perpetrator within the penal system? 4. What are the sanctions for pandering? What are the sanctions against the pimps? 5. Child pornography: Is the production legal in your country? Is the distribution legal in your country? Is the possession legal in your country? 6. Procedural questions Does the child have to appear before the court ? If so, are there any special provisions ? Age limits? Can a citizen of your country or a person residing in your country be prosecuted in your country for a sexual crime against a child committed in a country where the act is not punishable? (Dual criminality) Are there any special provisions regarding the hearing and the examination of the child during the investigation? Video? Social Service 1. Do you have any legal obligations for certain professions to report suspicion of sexual exploitation of children? (Duty of notification) 2. Which general preventive measures (family support, intervention) do you want to mention as being used in the context of sexual exploitation of children? 3. Which general rehabilitation measures (child psychiatry, multidisciplinary consultations) do you want to mention as being used in the context of sexual exploitation of children? 4. Is the question of sexual exploitation of children included in the curricula of the schools for social workers? Police 1. Is the question of commercial sexual exploitation of children included in the curricula of the Police Academies in your country? 2. Does a police co-operation, in the field of commercial sexual exploitation exist between your country and other countries in the Baltic Sea Region ? If so, how is this work organized ? Liaisons officers? 3. Is there any local police co-operation at the borders in this field? Future mechanism for work In which way should the continued work of the implementation of the proposals of the Expert Group be organized? B. Compilation of legislation The Member States have submitted translations or summaries in English of their criminal codes. The Danish Criminal Code Section 216 (1) (1) Any person who enforces sexual intercourse by violence or under threat of violence, shall be guilty of rape and liable to imprisonment for any term not exceeding six years. The placing of a person in such position that person is unable to resist the act shall be equivalent to violence. (2) If the rape has been of a particularly dangerous nature, or in particularly aggravating circumstances, the penalty may be increased to imprisonment for any term not exceeding ten years. Section 217 Any person who by other unlawful compulsion (as described in section 216 of this Act) than violence or threat of violence, procures for himself sexual intercourse, shall be liable to imprisonment for any term not exceeding four years. Section 218 (1) Any person who, by exploitation of another person's mental illness or mental deficiency, procures for himself extra-marital sexual intercourse with that person shall be liable to imprisonment for any term not exceeding four years. (2) Any person who procures for himself extra-marital intercourse with a person who is in such a position that he is unable to resist the act shall be liable to imprisonment for any term not exceeding four years, unless the act is covered by the provisions of section 216 of this act. Section 219 Any person who is employed in or in charge of any prison, welfare home, children's or young person's home, hospital for treatment of mental disorders, institution for the mentally deficient or any similar institution and who has sexual intercourse with any person who is an inmate of the same institution shall be liable to imprisonment for any term not exceeding four years. Section 220 Any person who, by grave abuse of the subordinate position or economic dependence of another person, has extra marital sexual intercourse with that person shall be liable to imprisonment for any term not exceeding one year or, where the person is under 21 years of age, to imprisonment for any term not exceeding three years. Section 221 Any person who, by a trick, has sexual intercourse with any other person who wrongly believes to be married with the former or mistakes the perpetrator for some other person shall be liable to imprisonment for any term not exceeding six years. Section 222 (1) Any person who has sexual intercourse with any child under the age of 15 shall be liable to imprisonment for any term not exceeding 6 years. (2) If the child is under the age of 12, or if the perpetrator has enforced the sexual intercourse by coercion or by intimidation, the penalty may be increased to imprisonment for any term not exceeding 10 years. Section 223 Any person who has sexual intercourse with a person under the age of 18 who is his adopted child, step-child or foster child or who has been entrusted to him for instruction or education, shall be liable to imprisonment. The same penalty apply to a person who, by gravely abusing superior age or experience, induces any person under the age of 18 to sexual intercourse. Section 224 The provisions in the above sections shall similarly apply in connection with sexual relations other than sexual intercourse. Section 225 The provisions in the above sections shall similarly apply in connection with sexual relations with a person of the same sex. Section 226 If, in the circumstances provided for in the foregoing, the punishable nature of the act depends on any abnormal mental or physical condition of the violated person or on the age of that person, the perpetrator has acted without knowledge of such condition of the person concerned and if, for that reason, the act is not imputable to him as intentional, the penalty to be imposed, if he has acted negligently, shall be proportionately reduced. Section 227 The punishment to be imposed under 216-224 or 226 of this Act may be remitted if the persons between whom the illicit sexual relations have taken place have since married each other. Section 228 (1) Any person who- 1, induces another to seek a profit by sexual immorality with others; or 2, for the purposes of gain, induces another to indulge in sexual immorality with others or prevent another who engages in sexual immorality as a profession from giving it up; or 3, keeps a brothel shall be guilty of procuring and liable to imprisonment for any term not exceeding 4 years. (2) The same penalty shall apply to any person who incites or helps a person under the age of 21 to engage in sexual immorality as a profession, or to any person who abets some other to leave the Kingdom in order that the latter shall engage in sexual immorality as a profession abroad or shall be used for such immorality, where that person is under the age of 21 or is at the time ignorant of the purpose. Section 229 (1) Any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from activities of any person engaging in sexual immorality shall be. Section 233 Any person who incites or invites other persons to prostitution or exhibits immoral habits in a manner which is likely to annoy others or arouse public offence be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances , to a fine. Section 234 Any person who sells immoral pictures or objects to a person under the age of 16 shall be liable to a fine. Section 235 (1) Any person who commercially sells or otherwise disseminates, or who, with such an intention, produces or procures obscene photographs, films or similar objects of children shall be liable to a fine, to simple detention or to imprisonment for any term not exceeding 6 months. (2) Any person who possesses photographs, films or similar of children engaged in sexual intercourse or other sexual relation other than sexual intercourse shall be liable to a fine. Similarly liable to a fine is any person who possess photographs, films or similar objects of children engaged in sexual intercourse with animals or making use of objects in a grossly obscene manner. The Estonian Criminal Code (1992) Section 115 A person who rapes a minor (under the age of 18) shall be sentenced to imprisonment for three to ten years. A person who rapes a child (no specified age limits) shall be sentenced to imprisonment for eight to fifteen years. Section 115.1 A person performing sexual activity of abnormal nature (not specified) with a person known to be younger than 16 years of age through the use of violence or threats or taking advantage of the helpless state of the victim, shall be sentenced to imprisonment for two to six years. Section 116 An adult person having sexual intercourse with a female known to be younger than 14 years of age shall be punished by arrest or sentenced to imprisonment for two to six years. Section 117 A person performing sexual activity of immoral nature (not specified) with a person known to be younger than 16 years of age, shall be punished by arrest or sentenced to imprisonment up to four years. Section 118 A person engaging a person known to be younger than 16 years of age in paederasty, shall be sentenced to imprisonment for two to ten years. Section 123.1 A person purchasing or selling children, shall be sentenced to imprisonment up to seven years. Section 124 The exchange or theft of a child, arranged by a person for revenge or personal profit or some other personal motive, shall be punished by imprisonment up to five years. The same action performed by a group of persons shall be punished by imprisonment from five to eight years. Section 200 (1995) A person who has in his/her possession or distributes or delivers or puts into public display issues depicting a minor in an erotic or a pornographic situation, shall be sentenced to a fine or to arrest or to imprisonment up to one year, A person who delivers or puts in public display or makes accessible to minors issues depicting a minor in an erotic or a pornographic situation, shall be sentenced to imprisonment for one to three years. Section 200.3 A person who produces or copies issues depicting a minor in an erotic or pornographic situation not using him/her as an object to the erotic or pornographic activity, shall be sentenced to imprisonment for two to three years. A person who uses a minor for producing the issue depicting erotic or pornographic situation as an object to the erotic or pornographic activity, shall be sentenced to imprisonment for two to five years. Section 201 A person who owns a room which is used for unlawful activities including prostitution, shall be sentenced to a fine or to arrest or to imprisonment up to five years. Section 202.6 A person who persuades or mediates a minor into prostitution shall be sentenced to imprisonment for three to seven years. The Finnish Criminal Code (15 January 1971/16) A person who forces a woman to sexual intercourse by violence of an imminent danger shall be sentenced for rape to imprisonment. The impairment of the power of a woman to control her conduct or to offer resistance shall be deemed equivalent to violence and threat. An attempt is punishable. (29 April 1994/316) A person, who, in a situation not referred to above, forces another to sexual intercourse or other indecency by violence or by threat shall be sentenced for sexual assault to imprisonment. The impairment of the power of another to control his conduct or to offer resistance shall be deemed equivalent to violence or a threat. An attempt is punishable. (29 April 1994/316) A person who has sexual intercourse or commits other indecency with another, by taking advantage of the inability of said another to control his conduct or, due to a mental defect, illness or other infirmity, not to offer resistance or understand the meaning of the act , or by grossly abusing the dependence of another on the offender or taking advantage of vulnerability or distress, shall be sentenced to imprisonment. (29 April 1996/316) (a) A person who has sexual intercourse with a person under 14 years of age or commits other comparable indecency with a said person shall be sentenced for statutory rape to imprisonment. (b) If a person at least 16 years of age commits the act referred to in (a) with a person who is at least 14 but not yet 16 years of age he shall be sentenced to imprisonment or to a fine. (c) If the offence referred to in (a) and (b) is committed in a manner manifesting exceptional cruelty or brutality and, with due consideration to the totality of circumstances leading to and manifested in the offence, the offence in the above mentioned or in other cases is considered be aggravated , the offender shall be sentenced for aggravated statutory rape to imprisonment. An attempt of the offences mentioned in this section shall be punished. A person who entices or persuades a person under 14 years of age into sexual intercourse or other comparable indecency with another person shall be sentenced for enticement of a child to imprisonment. If a person at least 16 years of age entices or persuades a person at least 14 but not yet 16 years of age in the manner referred to above, he shall be sentenced to imprisonment or to a fine. A person who, by taking advantage of his position, has sexual intercourse with a person at least 16 but not yet 18 years of age and for whose maintenance the offender is liable or who is subordinated to the offender's authority or supervision in a school, institution or otherwise, or commits other indecency, comparable to sexual intercourse, with such a person who is of the opposite sex, shall be sentenced for illicit sexual intercourse with a young person to imprisonment. The same provision applies if the act takes place by taking advantage of the young person's other similar dependence on the offender. If a person at least 18 years of age commits indecency, comparable to sexual intercourse, with a member of the same sex who is at least 16 but not yet 18 years of age or, in the circumstances referred to above, with a member of the same sex who is at least 16 but not yet 21 years of age, the offender shall be sentenced to prison. If a person at least 16 years of age touches a person under 16 years of age in a manner violating sexual morality, or otherwise acts towards said person in a manner violating sexual morality, he shall be sentenced, if no punishment for the act is provided above, for immoral behaviour towards a child to imprisonment or to a fine. (a) A person who has sexual intercourse with his own child or with a descendant of his own child shall be sentenced for incest to imprisonment. (b) If a brother or a sister or a half-brother or a half-sister have sexual intercourse with each other, both shall be sentenced for sibling incest to imprisonment. The above provisions do not apply to a person who has been forced to the act in the manner referred to in (a) and (b). A person who keeps a brothel or entices or persuades another person into prostitution shall be sentenced for pandering to imprisonment. A person who for personal gain encourages or take advantage of the life that a prostitute leads shall be sentenced to imprisonment. An attempt shall be punished. If someone publicly commits an act violating sexual morality, thereby giving offence, he shall be sentenced to imprisonment. If someone publicly commits an act violating sexual morality, thereby giving offence he shall be sentenced for public violation of sexual morality to imprisonment or to a fine. A person who publicly encourages sexual relations between persons of the same sex shall be sentenced for incitement to homosexuality to imprisonment or to a fine. Proposals for the amendment of the Penal Code of Finland (Government Bill to Parliament no 6/1997) Section 19 Distribution of obscene pictures A person who offers for sale or for hire, distributes, or to that end manufactures or imports, pictures or visual recordings depicting children, violence or bestiality in an obscene way, shall be sentenced for distribution of obscene pictures to a fine or to imprisonment. Section 20 Possession of obscene pictures of children A person, who unlawfully has in his/her possession a photograph, video, tape, film or other visual recording, based on reality, depicting a child having sexual intercourse or in a comparable sexual act, or depicting a child in another obviously obscene way, shall be sentenced for possession of obscene pictures of children to a fine or to imprisonment. Section 21 Obscene marketing A person who, for gain, markets an obscene picture, visual recording or object which is conducive to causing public offence, by: -giving it to a person under 15 years of age; -putting it on public display; -delivering it unsolicited to another; or -openly offering it for sale or promoting it by advertisement, brochure or poster or by other means causing public offence shall be sentenced for obscene marketing to a fine or to imprisonment for at most six months Section 22 Public obscenity A person who publicly performs an obscene act which causes offence shall be sentenced unless the act carries a penalty elsewhere in law, for public obscenity to a fine or to imprisonment. Section 23 Incest A person who has sexual intercourse with his /her child or other descendant, his /her parent or other ascendant, or his/her sibling, shall be sentenced for incest to a fine or imprisonment. A person who has had sexual intercourse with his/her parent or other ascendant while under 18 years of age and a person who has been coerced or unlawfully enticed into the sexual intercourse shall not be punished for incest. Chapter 20 Sex offences Section 1 Rape A person who coerces another into sexual intercourse by the use or threat of violence shall be sentenced for rape to imprisonment. A person shall also be punished for rape if he/she takes advantage of the incapacity of another to defend himself /herself and has sexual intercourse with him/her unconscious or causing him/her to be in such a state of incapacity owing to fear or another similar reason. An attempt is punishable. Section 5 Sexual abuse A person who abuses his/her position and entices one of the following into sexual intercourse, into another sexual act essentially violating his/her right of sexual self-determination, or into submission of such an act, - a person younger than 18 years of age, who in a school or other institution is a subject to the authority or supervision of the offender or in another comparable manner subordinate to the offender; - a patient in a hospital or other institution, whose capacity to defend himself/herself is essentially impaired owing to illness, handicap or other infirmity; or - a person who is especially dependent on the offender, where the offender blatantly takes advantage of the dependence, shall be sentenced for sexual abuse to a fine or to imprisonment. A person shall also be punished for sexual abuse if he/she takes advantage of the incapacity of another to defend himself/herself or to make or express a decision, owing to unconsciousness, illness, handicap or other helplessness, and has sexual intercourse with him/her, or gets him/her to perform a sexual act essentially violating his/her right of sexual self-determination or to submit to such an act. An attempt is punishable. Section 6 Sexual abuse of a child 1. A person who has sexual intercourse with a person younger than fifteen years of age or by touching or otherwise performs a sexual act with a person younger than fifteen years of age, said act being conducive to impairing his/her development, or gets him/her to perform such an act, shall be sentenced for sexual abuse of a child to imprisonment. 2. However, an act referred to in (1) shall not be deemed sexual abuse of a child if there is no great difference in the ages or the mental and physical maturity of the persons involved. 3. A person shall also be punished for sexual abuse of a child if he/she commits an act referred to in (1) with a person over 15 but younger than 18 years of age, if the offender is the parent of the child or, if living in the same household with the child, the offender is in a position comparable to that of a parent. 4. An attempt is punishable. Section 7 Aggravated sexual abuse of a child If , in the sexual abuse of a child, - the victim is a child whose age or stage of development are such that the offence is conducive to causing special injury to him/her: - the offence is committed in an especially humiliating manner; or - the offence is conducive to causing special injury to the child owing to the special trust he/she has put in the offender or the special dependence of the child on the offender, and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated sexual abuse of a child to imprisonment for a longer term. An attempt is punishable. Section 8 Buying sexual services from a young person A person who, by promising or giving remuneration, gets a person younger than 18 years of age to have sexual intercourse or to perform another sexual act shall be sentenced for buying sexual services from a young person to a fine or to imprisonment. An attempt is punishable. Section 9 Pandering A person who, in order to gain economic benefit for himself/herself or for someone else, - keeps a room or other premises where sexual intercourse or other comparable sexual acts are offered for remuneration; - otherwise takes advantage of the performance of such an act by someone else; or - entices or intimidates another to such an act, shall be sentenced for pandering to a fine or to imprisonment. An attempt is punishable. Section 10 Definitions In this chapter sexual intercourse means the sexual penetration , by a sexual organ or directed at a sexual organ, of the body of another. In this chapter, a sexual act means an act whose purpose is sexual arousal or satisfaction and which is sexually significant in view of the circumstances and the persons involved. Section 11 Right to bring charges The public prosecutor shall not bring charges for the offences referred to in sections 3, 4 or 5 (1), unless the complainant reports the offence in order to bring charges or unless a very important public interest requires that charges be brought.