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SECO Sexual Exploitation of Children Online

Sexual Exploitation of Children Online (SECO) refers to crimes committed by offenders who are using Information Communications Technology (ICT) and/or the Internet to facilitate the sexual abuse of children.

The vulnerability of children to sexual abuse and exploitation online is amplified today by the ultra-rapid expansion and easy accessibility of the internet as well as third and fourth generation mobile telephones. For many children, the internet and mobile phones are familiar objects, almost constants in their lives and they are able to move with ease and fluidity between real and the virtual world.

There is no doubt that the internet offers ample opportunities to children in terms of enhancing educational performance or inclusion in the social media. However, it also exposes them to risks beyond the limits of age or of geographical boundaries. Children are at risk of finding their photos shared online, of being groomed by adult sex offenders for holding sex chats online, of being sexually abused online or of cyber bullying.

According to Nepal Telecommunications Authority, Nepal, with a total population of around 28 million, to date 11 million internet users representing an internet access rate of almost 40%.

Identifying and investigating offenders is difficult, as they are able to continually adapt technology to enable their sexual abuse and exploitation, and avoid detection. Since the Internet is not confined by territorial boundaries, most incidents of sexual exploitation of children online are multi-jurisdictional, with offences being committed across or within multiple countries all over the world. This makes the issue even more complex.

Voice of Children and ECPAT Luxembourg have been currently working together in Sexual Exploitation of Children Online (SECO) project to address the issues of Child Sexual Abuse (CSA) and SECO in Lalitpur district as well as it’s nearby areas. Each activity carried out through the SECO project is designed to address the thematic areas of prevention, protection and prosecution including advocacy as a cross-cutting issue. 

 

Statistics

As of the record of CIB in the year 2072-73, Cyber Crime Chart provides that there were 830 cases related to social networking, 5 cases of email threat, 3 cases related to hacking, 3 cases related to obscene website, 3 cases of web threat, 2 cases related to SMS lottery fraud, one case related to ATM and once case of phishing. There are more than six thousand internet users per day as per the information provided by NTA.

The widespread convenience in the use of information and communication technology (ICT) has transformed societies around the world. For instance, in Nepal till the end of 2010-2011 (2066-67 B.S.), telecommunication and Internet facility was respectively accessible in 97% and 38% part of Nepal.[1]Current statistics portray that access to these facilities have reached to 17.58 Percentage of Individuals in Nepal[2].

[1] ITU

The use of internet has gradually increased from 15.44% to 17.58%  from the year 2014 to 2015 simultaneously.

According to the Management Information System (MIS) Report by the Nepal Telecommunication Authority (NTA) published in May 2017, more than 58 percent of the total population in Nepal use Internet. The report indicates that 96 percent of Internet users surf Internet on their mobile devices. A recent survey by Sharecast Initiative shows that 90  percent of Internet users in Nepal have Facebook account. Likewise, We are Social data shows that more than seven million nepali are active on Facebook.

 

Impact

With Nepalese’s  increased access to cyberspace, the possibility of misuse of the internet has increased, too. Viewing and downloading pornographic images and materials, the sharing of personal details including personal images, online fraud, exposure to inappropriate materials, to potentially dangerous contacts, ‘cyberbullying’, file sharing, and downloading which violates copyright law, are some of the dangers and of unfettered internet use.

Many Nepalese parents are ignorant of internet misuse than their children. Children can take advantage of parents who are either illiterate or ignorant of computer technology[3] and some parents accepted their children might have been misusing mobile and internet which they do not know about.

 

Prevalence of CSA/SECO

There is no exact data on the numbers of SECO cases in Nepal, however, crimes related to social networking sites, email threats, hacking, obscene websites, SMS threats and bullying, have been recorded. Live streaming exploitation has not been recorded. With the growing numbers of mobile and internet subscribers, growing access to smartphones and similar other devices as well as children’s access to these technologies, there is risk of SECO in coming days. Practice of unhindered, unguided and unmonitored full access to internet by Nepalese children has increased their vulnerability of being exploited online.

 

Reporting System

Children victim of online exploitation can go to police and report the case. NGOs working in the sector on child rights may provide support to such children. Children can call the toll free numbers like 1098- Child helpline, 100- Nepal Police, 104- Balbalika Khojtalash Samwanyawa Kendra and 01- 548018/ 01-546390 (not toll free)- Voice of Children to report abuse. They can also use VOC’ s SECO website to report abuse online.

Beside this, there is no service available to such victims. There is no victim and witness protection system. Compensation from government is not available.  Victim or his/her family has to pay for legal services, psycho-social counseling or medication.

 

[1] Broadband Policy 2015 (2071 B.S.) Ministry of Information and Communication, Nepal.

[2] International Telecom Union

[3] Alternative Report (2011) on Optional Protocol to the Convention on the Rights of the Child on the sale of children, child  prostitution and child pornography (2000), pg 24

 

About the Process and Laws

How do I report abuse?

Incident of CSA and SECO can be informed to Nepal Police at phone number 100 or at the nearest police station or office. Otherwise you can take help by dialing 1098 or 104 as well.

Do I have to report abuse?

Yes. If you are being sexually abused or if you witness others being abused you should report it as soon as possible in order to get help and support. Staying quiet will encourage the perpetrators to commit the crime in future too.

What are the laws about child sexual abuse?

The Constitution of Nepal, 2015 under article 39 has guaranteed that no child shall be subjected to any to form of exploitation or improper use by any means or in any manner. In case of any violation of the given fundamental rights, article 46 has also set forth the constitutional remedies.

Children’s Act

Children’s Act, 1990 Section 51 mentions that in case a suit or complaint is to be filed or a case has to be defended in any matter involving rights of a child, his or her father, mother or guardian may file a suit, complaint or defend the case. In case the child has no father, mother or guardian, the claimant of the child shall be entitled to the right.

The Children’s Act of Nepal has prohibited the involvement of children immoral professions. According to this:

• No photograph of a child shall be taken or allowed to be taken, nor such photograph shall be   distributed or exhibited for the purpose of engaging a child in immoral profession.
• No publication, exhibition or distribution of photograph or personal events or descriptions of a child tarnishing the character of such child shall be made.

Nepal’s Children’s Act adopted in 1992 prohibits the use of children for pornography, drug and alcohol sale or distribution. Although the act is silent on the issue of sexual abuse of children, it prohibits the publication, exhibition, or distribution of photographs, personal events or descriptions of a child that could tarnish the character of the child.

 

Muluki Ain/ Civil Code

Muluki Ain/ Civil Code is the criminal code of the government of Nepal. It deals with criminal offences and penalty procedures.

Muluki Ain/Civil Code
S.N.	Crime	Imprisonment	Fine	Both?
1.	Luring a woman to have illegal sexual intercourse with self or other person	Imprisonment from six months  to two years	Five hundred rupees to two thousand rupees	Maybe both
2.	Holding any female above 11 years of age other than his own wife with an intent to rape	Imprisonment for one year	Five hundred rupees	Maybe both
3.	Forced rape of a girl below 10 years of age	Imprisonment for ten to fifteen years
4.	Forced rape of a girl between 10 to 15 years of age	Imprisonment for seven to ten years
5.	Forced rape of a girl above 16 years of age	Imprisonment for five to seven years
6.	Indulging a child in unnatural sex (considered as forced rape)	Imprisonment same as 3, 4 and 5 with one year addition depending upon the age and harm done	As per court’s order
7.	Forced rape by kin brother or father (incest)	Imprisonment for ten  years
8.	Forced rape by stepfather	Imprisonment same as forced rape with additional one year
9.	Forced rape by a man to his adopted daughter or the daughter of an adopted son	Imprisonment same as forced rape with additional one year
10.	If a woman is forced to follow ‘Chhaupadi’ during her menses or post-natal state  or be a victim of any sort of inhuman activities and discrimination	Imprisonment for three months	Three thousand rupees	Maybe both
11.	Misutilization of social media (especially morphing)	Imprisonment for two years	Twenty thousand rupees
Others:
12.	No child shall be involved in the sale or distribution of , and trafficking in alcoholic drinks, narcotic drugs or any other drugs.“An Act to control trafficking and harm on human body, 1987” also exists in Nepal to control all kinds of sexual exploitation.
13.	If a person kills the victim after forced rape, the culprit is sentenced to life imprisonment.
14.	Abortion up to twelve weeks is allowed with the consent of a pregnant woman. In case of  forced rape or incest, with the victim’s consent abortion up to eighteen months is allowed.

Emergency Child Mitigation Fund (Operation) Rules

S.N.	Rules
1.	Children suffering from sexual exploitation, sexual abuse, sale or trafficking, come under the classification of children in Emergency Situation
2.	Rule-5 :The use of the Fund for the purpose of rescuing, mitigating and rehabilitating the children remaining in emergency situation.

 

Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)

The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography is a protocol to the Convention on the Rights of the Child and requires parties to prohibit the sale of children, child prostitution and child pornography.

The OPSC was accepted by the United Nations General Assembly in 2000 and entered into force on 18th January, 2002. Nepal signed the OPSC on 8th September, 2008 and ratified it on 20th January, 2006.

The Convention’s Optional Protocol on the sale of children, child prostitution and child pornography supplements the Convention by providing States with detailed requirements to end the sexual exploitation and abuse of children.  It also protects children from being sold for non-sexual purposes—such as other forms of forced labour, illegal adoption and organ donation. For instance:

S.N.	Article no.	Protocol
1.	Article 19	Ensure that children are properly cared for and protected from all forms of violence, including sexual abuse.
2.	Article 32	Protect children from work that is dangerous, or that might harm their health or their education
3.	Article 34	Protect children from ‘ all forms of sexual exploitation and  sexual abuse’.
4.	Article 35	Ensure children are not kidnapped, sold or trafficked.
5.	Article 39	Help child victims with every step of their recovery.

 

Electronic Transaction Act 2063

The electronic transaction act of Nepal specifically does not define the exact rules of child sexual abuse online. However, the culprit can be punished as per the following:

S.N.	Crime	Imprisonment	Fine	Both?
1.	If any person, knowingly or with malafide intention, pirates,destroys, alters computer sources code to be used for any computer, computer programme, computer system or computer network or cause, other to do so	Imprisonment not  exceeding three years	Not exceeding two hundred thousand Rupees	Maybe
2.	If any person publishes or displays any material in the electronic media including computer, internet which are prohibited to publish or display by the prevailing law or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities	Imprisonment not exceeding five years	Not exceeding One Hundred Thousand Rupees	Maybe

Projects under SECO