‘You can spend a lifetime trying to forget just a few minutes of your childhood.’ Kristen Butler

Victims of sexual abuse during childhood feel terribly ashamed and often responsible for what happened to them. Sworn to secrecy, they are often too young to understand what happened and lack the vocabulary to seek help.¹ Childhood sexual abuse requires treatment to prevent depression and other mental health problems later in life.

Statistics have revealed that children are 3x more likely to be victims of rape than adults. In addition, perpetrators of child sexual abuse and rape are more often family members and other known, trustworthy adults than strangers.¹

What is child sexual abuse?

Child sexual abuse is defined as “any sexual act with a child performed by an adult or an older child.” Child sexual abuse could include several acts, including but not limited to:

• Sexual touching of any part of the body, clothed or unclothed;
• Penetrative sex, including penetration of the mouth;
• Encouraging a child to engage in sexual activity, including masturbation;
• Intentionally engaging in sexual activity in front of a child;
• Showing children pornography or using children to create pornography;
• Encouraging a child to engage in prostitution.

Why do kids not disclose sexual abuse?

The entire child protection system is based on the assumption that kids can be taught to report sexual advances and abuse and stop these crimes. Research and criminal data indicate that children rarely report. 89% of abuse cases involve a person in the family’s acquaintance circle. Research consistently shows that in 2/3 instances where children are sexually abused, they don’t tell – not even when questioned directly.¹

What are the symptoms of child sexual abuse?³

• A child shows a noticeable fear of a person or certain places;
• The child gives an unusual response when asked if a sexual predator touched them;
• The child has an unreasonable fear of a physical exam;
• The child makes drawings that show sexual acts;
• The child has a sudden awareness of genitals and sexual acts and words;
• The child has abrupt changes in behaviour, such as bed-wetting or losing control of bowel movements.
• The child might also attempt to get other children to perform sexual acts.

Is there a relationship between PORN, TRAFFICKING & THE SEXUAL ABUSE OF CHILDREN?²

Research has found a connection between child sexual abuse and sexual exploitation. Most victims have a history of sexual abuse in the past. Sexual abuse grooms a child that blurred boundaries are okay, that you can trust no one – not even the people entrusted to care of you; keeping secrets is okay and that your body is just a sexual object.

During the grooming process, the child faces escalating abuse and violence, enforced with rewards.

Example:

Your granddad comes over, and he asks you to sit on his lap. You sit on his lap, and he hugs you, which feels good. The next day, he might ask you again to sit on his lap, and he hugs you but then puts his hand on your leg. To soothe you and win you over, he takes you out for ice cream. Each day, he comes over, he puts his hand a little bit further up your leg, and he gives you a treat. When it crosses the line and becomes traumatic, the child might disassociate from that experience and focus on the rewards. Or freeze up and “out of respect” for the older person to comply. Or the child starts to revolt against going near this adult.

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The question is – what makes a grown man want to have sex with a child – or view a child as a sexual object? How does he arrive at the point where he will pay for sex with a child?

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One of the most significant factors? Pornography.³

Pornography is the industrialisation of sex. Sexual act images are marketed by porn internet sites and sold over and over. As a result, there is a massive demand in the industry for younger victims. A report from ECPAT & Interpol in 2018 stated that the younger the victim, the more severe the abuse.

Thus, with pornography being addictive and progressive, what you have is an increasing demand for child victims.

Please note: If a child is present in pornographic material (whether a photo, video, sound recording, etc.), that child was sexually abused to make that material.

Facts supplied by ECPAT: (4)

• On average, children first fall victim to commercial sexual exploitation between the ages of 12 and 14. (2)
• 75% of child pornography victims are living at home when they are photographed or videotaped.
• Parents are often responsible.
• 70-90% of children who fall victim to CSEC were first sexually abused in non-commercial situations. (2)

ECPAT International is a global network of 102 civil society organisations and coalitions in 93 countries to end the sexual exploitation of children worldwide. www.ecpat.org

How can you help to stop enabling child sexual abuse?

1. Don’t consume child pornography. It’s illegal. But don’t even consume the legal images that are facsimiles of children in sexual contexts. Don’t be the demand because demand drives supply. (2)
2. Pull your support from companies that profit from sexually objectifying children. Don’t buy their wares. Don’t be part of a culture that normalises the sexualising of children and commodifies them. (2)
3. If you see something, say something. If you are in a hotel, at the bus stop, in the airport, at a rest stop or the like, and you see a young person who looks frightened, dishevelled, out of context, or with someone older who appears not to be a parent, make a phone call to the police. Sex traffickers might be exploiting the person. If you see something, say something. (2)
4. You have to teach your kids how to stay safe at all times. It is never too early for talks about sex and safety.

What is the effect of child sexual abuse?³

Child sexual abuse disrupts lives.

Immediate reactions to sexual abuse include shock, fear or disbelief. Sexually abused children tend to believe that something is wrong with them; the abuse was their fault, and they blame themselves for it.

Long-term symptoms include low self-esteem, anxiety, fear or post-traumatic stress disorder.

Adult survivors of child sexual abuse often don’t finish school, mistrust people for life, and suffer frequent mental and medical illnesses. Dissociation, depression, suicidal ideation, flashbacks, self-harm, eating disorders and agoraphobia are often reported. In addition, a clear link has been found between a history of child sexual abuse and higher rates in adult life of depression, anxiety, substance abuse, eating disorders, and post-traumatic stress disorder (Mullen & Fleming, 1998).

Child sexual abuse could include:

• Sexual touching of any part of the body, clothed or unclothed;
• Penetrative sex, including penetration of the mouth;
• Encouraging a child to engage in sexual activity, including masturbation;
• Intentionally engaging in sexual activity in front of a child;
• Showing children pornography or using children to create pornography;
• Encouraging a child to engage in prostitution.

Who can be a perpetrator of sexual assault?

90% of child sexual abuse victims KNOW their abuser.

Anyone may be the perpetrator of sexual assault. The perpetrator may be a stranger, an acquaintance, a lover, a partner, or a date. Most of the time, the perpetrator of the assault is someone the victim knows, either a boyfriend, girlfriend, husband, other relatives, or acquaintance.

Note: There is a strong link between porn addiction and becoming a sexual predator. According to Dr Antoinette Basson from the Youth Research Unit at UNISA, many sexual offenders are porn addicts who started acting out. They are not paedophiles as such. In his last interview, Ted Bundy, a serial killer who murdered 35 women, also said, without exception – every serial killer he met over many years in jail was addicted to pornography.

https://www.youtube.com/watch?v=Vlk_sRU49TI

Who can be a victim of sexual assault?

Anyone can be a victim of sexual assault regardless of age, gender, race, sexual orientation or socioeconomic status. Although it is more common for women to be victims, approximately 1 out of 10 men have been sexually assaulted at some point in their lifetime.

Quiz

Sexual Abuse Quiz

Self-help

Most parents find it challenging to have conversations with their children regarding sex and safety from predators. They hope to protect the innocence of the child by evading the subject. It is never too early to start educating your child about their bodies and personal safety.

Childmind.org listed ten things that could help your child be less vulnerable to sexual abuse.

Get help

What should I do if I was sexually abused?

• Recognising that there is a problem is the first stage of getting help.
• If you are younger than 18, please find an adult or helpline you trust and tell them what is happening.
• If you live with the person who has abused you, several options are available if you need to get out.
• Shelters can be great places to seek temporary accommodation. However, several other services are available in ”places of safety”, including legal advice, emotional support, practical help (like food and clothing), and good security.
• Family or friends. If you can, contact a family member or friend you trust and ask if you can stay with them while you decide what to do next.

How should you react after a child tells?

• Keep calm.
• Believe what they say.
• Re-establish safety.
• Free them from self-blame.
• Express your rage to the appropriate people – not to the child.
• Get help immediately.

What should I do if I was sexually assaulted?

• Get help. Call *120*7355 on your cell phone if you need immediate medical or police assistance in South Africa. This number will give you your three nearest rape/assault centres where you can get medical attention.
• Go to a safe place as soon as possible and ask someone you trust to stay with you.
• Try to preserve all evidence of the assault. For example, avoid drinking, bathing, showering, douching, brushing your teeth, or changing your clothes. Medical staff collects evidence at an emergency room, and you can decide later whether or not you want to press criminal charges.
• Try to write down or have a friend write down everything you can remember about the incident, including a physical description of the perpetrator, their identity if you know it, and the use of threats, force or coercion, such as repeatedly asking, pressuring you, getting you to drink a lot or take drugs, etc.
• Consider getting medical care. Go to Health Services or a hospital emergency room that provides medical care for sexual assault victims. Even if you do not have any physical injuries, it’s essential to get medical care to discuss STIs, date rape drugs, pregnancy prevention, and evidence collection. All services, except evidence collection and drug testing, can be provided at Health Services. You also need PEP ( Post Exposure Prophylaxis) ARVs to prevent you from being infected with HIV if you were raped. You could get PEP free of charge from any government health facility if you laid a complaint of rape with the SAPS. However, you have to take PEP within 72 hours after the rape occurred.
• If you think you were drugged or consumed a sedative-like substance, ask the medical provider to take a urine sample. Date rape drugs like GHB and Rohypnol are more likely to be detected in urine than in blood. If you still have remnants of the drink, save them for analysis. Since many of these drugs clear the system quickly, a negative test result does not necessarily mean that no substance was involved.

Helplines:

Child Welfare:

TEL. 074 080 8315

E-mail. [email protected]

Childline

Call: 0800 055 555 Hours: 24-hour helpline

Quiz

If you are unsure if what you experience is sexual abuse, you can do a self-test to learn more:

Sexual Abuse Quiz

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Legal aspects of child abuse

• The South African Children’s Act No. 38 of 2005 defines a child as a person under 18 years, regarding sections 15 and 16 of the Act, a person 12 years or older but under 16 years. Children under the age of 12 are conclusively presumed by the law to be incapable of consenting, so a sexual act with a child under that age constitutes rape or sexual assault.
• An adult male with sexual intercourse with a female under the age of 16 is guilty of ‘statutory rape’ – even if the female has consented.
• A male of 14 years of age or older who has sexual intercourse with a female without her consent is guilty of rape.
• A boy under 14 years of age is no longer presumed to be incapable of rape.
• An adult male with sexual intercourse with a female under the age of 12 is guilty of rape.
• The Sexual Offences Act compels all citizens (i.e. all persons living in SA who are entitled to the rights promised by the Constitution in terms of section 3) who are aware of the sexual exploitation of children to report the offence to the police.

Legal aspects of child sexual abuse in South Africa

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

SEXUAL OFFENCES AGAINST CHILDREN

Part 1: Consensual sexual acts with certain children

Acts of consensual sexual penetration with certain children (statutory rape)

15. (1) A person (“A”) who commits an act of sexual penetration with a child (“B”) who is 12 years of age or older but under the age of 16 years is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child, unless A, at the time of the alleged commission of such an act, was—

(a) 12 years of age or older but under the age of 16 years; or

(b) either 16 or 17 years of age and the age difference between A and B was not more than two years.

(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the Director of Public Prosecutions if A was either 16 or 17 years of age at the time of the alleged commission of the offence and the age difference between A and B was more than two years.

(b) The Director of Public Prosecutions concerned may delegate their power to decide whether prosecution in terms of this section should be instituted or not.

[S. 15 substituted by s. 2 of Act No. 5 of 2015.]

Acts of consensual sexual violation with certain children (statutory sexual assault)

16. (1) A person (“A”) who commits an act of sexual violation with a child (“B”) who is 12 years of age or older but under the age of 16 years is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child, unless A, at the time of the alleged commission of such an act, was—

(a) 12 years of age or older but under the age of 16 years; or

(b) either 16 or 17 years of age and the age difference between A and B was not more than two years.

(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if A was either 16 or 17 years of age at the time of the alleged commission of the offence and the age difference between A and B was more than two years.

(b) The Director of Public Prosecutions concerned may delegate his or her power to decide whether prosecution in terms of this section should be instituted or not.

[S. 16 substituted by s. 3 of Act No. 5 of 2015.]

Part 2: Sexual Exploitation of Children

Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography or pornography to children and using children for pornographic purposes or benefiting from child pornography

17. (1) A person (“A”) who unlawfully and intentionally engages the services of a child complainant (“B”), with or without the consent of B, for financial or other rewards, favour or compensation to B or a third person (“C”)—

(a) to engage in a sexual act with B, irrespective of whether the sexual Act is committed or not; or

(b) by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a child.

[Sub-s. (1) substituted by s. 2 of Act No. 6 of 2012.]

(2) A person (“A”) who unlawfully and intentionally offers the services of a child complainant (“B”) to a third person (“C”), with or without the consent of B, for financial or other rewards, favour or compensation to A, B or another person (“D”)—

(a) for purposes of the commission of a sexual act with B by C;

(b) by inviting, persuading or inducing B to allow C to commit a sexual act with B;

(c) by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;

(d) by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or

(e) by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C,

is guilty of an offence of being involved in the sexual exploitation of a child.

(3) A person (“A”) who—

(a) intentionally allows or knowingly permits the commission of a sexual act by a third person (“C”) with a child complainant (“B”), with or without the consent of B, while being a primary caregiver defined in section 1 of the Social Assistance Act, 2004 (Act No. 13 of 2004), parent or guardian of B; or

(b) owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, with or without the consent of B,

is guilty of the offence of furthering the sexual exploitation of a child.

(4) A person (“A”) who intentionally receives financial or other rewards, favour or compensation from the commission of a sexual act with a child complainant (“B”), with or without the consent of B, by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a child.

(5) A person (“A”) who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a child complainant (“B”), with or without the consent of B, by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a child.

(6) A person (“A”), including a juristic person, who—

(a) makes or organises any travel arrangements for or on behalf of a third person (“C”), whether that other person is resident within or outside the borders of the Republic, to facilitate the commission of any sexual act with a child complainant (“B”), with or without the consent of B, irrespective of whether that Act is committed or not; or

(b) prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B,

is guilty of an offence of promoting child sex tours.

Sexual grooming of children

18. (1) A person (“A”) who—

(a) manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of an article, which is exclusively intended to facilitate the commission of a sexual act with or by a child (“B”);

(b) manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of a publication or film that promotes or is intended to be used in the commission of a sexual act with or by B;

(c) supplies expose or displays to a third person (“C”)—

(i) an article which is intended to be used in the performance of a sexual act;

(ii) child pornography or pornography; or

(iii) a publication or film,

with the intention to encourage, enable, instruct or persuade C to perform a sexual act with B; or

(d) arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B,

is guilty of the offence of promoting the sexual grooming of a child.

(2) A person (“A”) who—

(a) supplies expose or displays to a child complainant (“B”)—

(i) an article which is intended to be used in the performance of a sexual act;

(ii) child pornography or pornography; or

(iii) a publication or film,

with the intention to encourage, enable, instruct or persuade B to perform a sexual act;

(b) commits any act with or in the presence of B or who describes the commission of any act to or in the presence of B with the intention to encourage or persuade B or to diminish or reduce any resistance or unwillingness on the part of B to—

(i) perform a sexual act with A or a third person (“C”);

(ii) perform an act of self-masturbation in the presence of A or C or while A or C is watching;

(iii) be in the presence of or watch A or C while A or C performs a sexual act or an act of self-masturbation;

(iv) be exposed to child pornography or pornography;

(v) be used for pornographic purposes as contemplated in section 20(1); or

(vi) expose his or her body, or parts of his or her body to A or C in a manner or in circumstances which violate or offend the sexual integrity or dignity of B;

(c) arranges or facilitates a meeting or communication with B by any means from, to or in any part of the world, with the intention that A will commit a sexual act with B;

(d) having met or communicated with B by any means from, to or in any part of the world, invites, persuades, seduces, induces, entices or coerces B—

(i) to travel to any part of the world in order to meet A with the intention to commit a sexual act with B; or

(ii) during such meeting or communication or any subsequent meeting or communication to—

(aa) commit a sexual act with A;

(bb) discuss, explain or describe the commission of a sexual act; or

(cc) provide A, by means of any form of communication including electronic communication, with any image, publication, depiction, description or sequence of child pornography of B himself or herself or any other person; or

(e) having met or communicated with B by any means from, to or in any part of the world, intentionally travels to meet or meets B with the intention of committing a sexual act with B,

is guilty of the offence of sexual grooming of a child.

Exposure or display of or causing exposure or display of child pornography or pornography to children

19. A person (“A”) who unlawfully and intentionally exposes or displays or causes the exposure or display of

(a) any image, publication, depiction, description or sequence of child pornography or pornography;

(b) any image, publication, depiction, description or sequence containing a visual presentation, description or representation of a sexual nature of a child, which may be disturbing or harmful to, or age-inappropriate for children, as contemplated in the Films and Publications Act, 1996 (Act No. 65 of 1996), or in terms of any other legislation; or

(c) any image, publication, depiction, description or sequence containing a visual presentation, report or representation of pornography or an act of an explicit sexual nature of a person 18 years or older, which may be disturbing or harmful to, or age-inappropriate, for children, as contemplated in the Films and Publications Act, 1996, or in terms of any other law, to a child (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a child.

Using children for or benefiting from child pornography

20. (1) A person (“A”) who unlawfully and intentionally uses a child complainant (“B”), with or without the consent of B, whether for financial or other rewards, favour or compensation to B or to a third person (“C”) or not—

(a) for purposes of creating, making or producing;

(b) by creating, making or producing; or

(c) in any manner assisting in creating, making or producing, any image, publication, depiction, description or sequence in any manner whatsoever of child pornography, is guilty of the offence of using a child for child pornography.

(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any action contemplated in subsection (1), is guilty of the offence of benefiting from child pornography.

Part 3: Compelling or causing children to witness sexual offences, sexual acts or self-masturbation and exposure or display of or causing exposure or display of genital organs, anus or female breasts (“flashing”) to children.

Compelling or causing children to witness sexual offences, sexual acts or self-masturbation

21. (1) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”) without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a child to witness a sexual offence.

(2) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”) without the consent of B, to be in the presence of or watch—

(a) A while he or she engages in a sexual act with C or another person (“D”); or

(b) C while he or she engages in a sexual act with D,

is guilty of the offence of compelling or causing a child to witness a sexual act.

(3) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”) without the consent of B, to be in the presence of or watch A or C while he or she engages in the Act of self-masturbation, is guilty of the offence of compelling or causing a child to witness self-masturbation.

Exposure or display of or causing exposure or display of genital organs, anus or female breasts to children (“flashing”)

22. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a child complainant (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a child.

Resources:

¹How to protect kids from child molesters. Lauren Ayers. PhD. 2007. Appledorn Publishers, Guilderland, New York.

²The Relationship Between Pornography, Trafficking, and the …. https://www.d2l.org/the-relationship-between-pornography-trafficking-and-the-sexual-abuse-of-children/

³The Effects of Sexual Abuse – Practice Notes. https://practicenotes.org/vol5_no2/effects_of_sexual_abuse.htm

4 Towards a Global indicator on unidentified victims in child sexual exploitation material. ECPAT. ©Interpol. 2018.

Criminal Law (Sexual Offences and Related Matters …. https://en.wikisource.org/wiki/Criminal_Law_(Sexual_Offences_and_Related_Matters)_Amendment_Act,_2007/Chapter_3