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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
protection of children from sexual exploitation and sexual abuse through the enforcement of criminal
law, the Convention takes into consideration the progressive digitalisation of society and the development
of technology. The express aim of the Convention is to protect children from the negative effects
of such technologies, such as new forms of abuse that can occur in the digital world. 3 By virtue of this
Convention, it is clear that an integrated approach to tackling sexual violence against children – one
which includes the digital aspects – is what is required.
The Landelijke Expertgroep Digikids [Digikids <strong>National</strong> Expert Group] of the Dutch police provides a
role for the juvenile police in cyberspace, and applies three pre-conditions in this regard, namely
police awareness and communication towards young people (digital awareness), online availability
of the police in order to carry out its core duties (digital accessibility) and the competence of the
police to actually be able to carry out these duties (digital competence). 4 Other organisations in
sectors such as youth care services could also apply these pre-conditions relating to the digital
world in their contact with children. 5
The present chapter will describe the implementation of the strategy to tackle child pornography, viewed
partly in the broader context of protecting children from sexual violence. As far as the implementation
itself is concerned, it is possible to distinguish between a number of processes, which will be described
below. The order in which these processes will be described corresponds with the findings from Chapter
1. It is, after all, in Chapter 1 that the various stages of becoming a perpetrator or victim, and the modus
operandi to produce and obtain material, are discussed. The processes that form part of the strategy to
tackle child pornography can be identified in each stage of becoming a perpetrator or victim. For example,
primary and secondary prevention projects focus upon preventing individuals from becoming
perpetrators or victims, and preventing material from being produced, even before criminal acts have
been committed (§3.2). Whenever (preparatory) activities are identified, any acts by perpetrators, victimisation
of children, and related material must be reported to the relevant authorities (§3.3). We will then
go on to describe the repressive approach: detection (§3.4), prosecution and trial (§3.5), and after-care
for and monitoring of perpetrators, and focus upon the convicted sex offenders §3.6). After-care and
monitoring are not only in place to serve the perpetrator him/herself, but also aim to uphold the safety
of society and to prevent others from becoming victims. The aspects relating to child pornography are
explained in the most detail in the sections in which we describe the repressive process. This comes as no
surprise, as the action taken by the police, the Public Prosecution Service, the judiciary and (in part) the
probation and after-care service is per definition based upon Article 240b of the Dutch Criminal Code. In
§3.7 we will discuss the support provided to victims. This process involves providing care for victims of
child pornography. This consists of support for minors experiencing the consequences of sexual abuse
and of the forms of online sexual violence, including the distribution, possession and viewing of images
in which they feature.
3 Execution of the Convention of the Council of Europe on the Protection of <strong>Child</strong>ren Against Sexual
Exploitation and Sexual Abuse of 25 October 2007 (Treaty Series 2008, 58), Parliamentary Papers II 2008/09,
31 810, no.3
4 ‘Subsidy application for the Action Plan ‘Towards a digital competence in the police force in their role
to protect youth’, Expertgroep Digikids, 19 August 2011 (not publicly available).
5 For a description of how they operate, see §3.8.3.1.