Post by: Jessica Sherwood
My name is Jessica Sherwood and I am a 2L at Regent
University School of Law. This semester, I’ve had the honor to work on two
projects for International Justice Mission. We recently submitted the first
project regarding online sexual exploitation of children (OSEC) in Romania. IJM
is audaciously stepping forward in faith to begin addressing the growing
problem of OSEC.
Romania has ratified several children’s rights
international treaties as well as multiple regional agreements working to
protect children from sexual exploitation and abuse. Additionally, although
Romania does not have a consolidated act on children’s rights, there are
several local laws addressing the rights of children.
Despite the legal framework, often the law is not a
representation of what is done in practice. For example, although pimps and
exploiters can be prosecuted under Romanian law, actual convictions are very
difficult. One major barrier is the lack of incentive for victims to testify at
trial. This leads to a significantly disproportionate amount of convictions in
comparison to the number of sex trafficking crimes committed. Oftentimes,
victims are fearful of repercussions of reporting assault. Current legislation
also does not provide victims with any monetary incentive or otherwise to
testify.
Additionally, under the anti-trafficking law, victims
should receive free legal, psychological, and social assistance. This
responsibility and obligation is placed under the jurisdiction of the city
councils. Although significant headway has been made to supply victims with
aftercare programs, the city council often allocates funds elsewhere. In
practice, the council does not have sufficient budget allotment to successfully
run all programs under its jurisdiction. Thus, victim centered rehabilitative
programs, often deemed as lower priority, are unable to operate successfully.
Because of this reality, the majority of victim care and assistance still falls
on the shoulders of NGOs.
Furthermore, although there is significant legislation
concerning child prostitution, there are still several discrepancies that are
not in accordance with the Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography (OPSC). Specifically, the difference in
penalties for offenses committed against children under fifteen and those
between the ages of fifteen and eighteen is not in alignment. For example, the
provision in Article 219 stipulates that children between the ages of fifteen
and eighteen who have been the victims of sexual exploitation must have an
established relationship prior to the assault in order for the act to be
criminalized.
Additionally, although there is specific legislation
addressing the dissemination of child pornography, Romania law is still in need
of substantial strengthening in order to comply with the requirements set out
by the OPSC. National legislation needs to be expanded to include possession of
all forms of child pornography. Currently, there is no punishment for mere
possession of child pornography. Only the possession with the intention of
distributing the material is criminalized.
The reality is, a multifaceted approach is required to
effectively counter online child sexual exploitation and abuse. This type of
approach requires effective law enforcement tactics, mandated regulations and
policies, coordination of services provided to victims, cooperation among all
institutions involved in OCSE cases, educational programs, and awareness
campaigns aimed to address such crimes.
Romania is building a strong legal infrastructure to
one day support the complete protection of children from online sexual abuse.
Although the process is slow, there is significant groundwork being made.
Through strategic partnerships and integrated multi-sectoral approaches,
Romania can be hopeful to see the next generation fully protected from online
sexual exploitation and abuse.
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