Sittings · Document

OPINION (COM(2024)0060 – C90028/2024 – 2024/0035(COD)) 2025-03-05

On the proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)

Committee on Women's Rights and Gender Equality · Rapporteur: Heléne Fritzon

SHORT JUSTIFICATION

On the 6th of February 2024, the European Commission published its legislative proposal for a recast of Directive 2011/93/EU on combating the sexual abuse and exploitation of children, as well as child sexual abuse material, replacing Council Framework Decision 2004/68/JHA. This proposal aims to harmonise criminal law across the EU by addressing crimes such as child sexual abuse material, grooming, sexual assault and rape. The directive also seeks to establish robust measures for detecting and reporting online child sexual abuse, preventing such crimes, and supporting victims.

Child sexual abuse is a growing issue both online and offline. In 2023 alone, there were 1.3 million reports of child sexual abuse in the EU, amounting to over 3.4 million images and videos. Globally, reports have risen from 1 million in 2010 to nearly 35.9 million in 2023, including 105.6 million images and videos. Alarmingly, 9 out of 10 victims are girls, according to INHOPE data. The EU continues to host the majority of child sexual abuse material globally, with 59% of such content being hosted in Member States, according to the Internet Watch Foundation.

The proposal highlights the need to address the misuse of digital platforms for distributing child sexual abuse material and grooming. These crimes predominantly target girls and young women, with male perpetrators being the majority. The Rapporteur emphasises the critical importance of recognising child sexual abuse as a form of gender-based violence and incorporating gender-specific approaches to effectively combat these crimes.

The Rapporteur suggests amendments to prevention measures through targeted awareness campaigns by age and gender. Emphasizing the principle that only an explicit and informed ‘yes’ constitutes consent, the directive must ensure that consent is central to all prevention and support measures. Support for victims and survivors must be specialised and include an integrated gender perspective. To this end, the creation of an EU Centre is strongly endorsed, alongside the establishment of an Advisory Board composed of survivors and children’s rights experts. This board would provide guidance on children’s rights, prevention strategies, and victim support to the governance structures of the EU Centre.

Finally, the Rapporteur believes that this Directive could make a significant difference in combating child sexual abuse for all children. This exponential growth in the dissemination of child sexual abuse material underscores the urgency of updated legislation.

AMENDMENT

The Committee on Women's Rights and Gender Equality submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment 1

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.	(11) Child sexual abuse and exploitation has a strong gender component, which disproportionately affects girls, therefore qualifying as an extreme form of gender-based violence. Girls constitute the vast majority of victims depicted in child sexual abuse material and are significantly overrepresented in cases of child solicitation. In contrast, men account for the overwhelming majority of perpetrators. Reports indicate that nine out of 10 victims are young girls1a. Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The use of emerging technologies, such the AI, Virtual Reality (VR), Extended Reality (XR), deepfakes or other nudifying tools, leads to creation and dissemination of untruthful child sexual abuse material, while often disproportionally targeting girls. The ease with which emerging technologies can be used and the minimal technical expertise required to generate such material even on an industrial scale has heightened the urgency of addressing this issue. Those technologies are often being misused for child sexual offences in social media, networking, online gaming contexts and AI generated applications designed to engage children and increase risks such as solicitation, grooming, exposure to harmful content, and sexual exploitation or sexual abuse of children. Moreover, the ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. Additionally, biases in artificial intelligence systems have been shown to disproportionately generate exploitative imagery of girls, reflecting and amplifying the vast majority of existing child sexual abuse material. Therefore, it should be taken into consideration that the use of artificial intelligence in generating child sexual abuse material risks contributing to the disproportionate victimisation of certain groups, such as girls. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.
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	1a INHOPE Annual Report 2023 https://www.inhope.org/EN/articles/inhope-annual-report-2023

Amendment 2

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Children are increasingly connected from a young age, and girls are particularly vulnerable to encountering and being subjected to cyber violence. Studies show that one out of 10 women has experienced some form of gender-based cyber violence since the age of 151a, with 58 % of girls reporting having faced online harassment1b. Three out of five girls have experienced at least one online sexual harm, and LGBTIQ+ children face higher risks of experiencing online sexual harm. Online sexual violence, including sexual harassment, abuse, and grooming, has reached unprecedented levels, disproportionately affecting girls and young women. Girls are disproportionately more exposed to sexually motivated sextortion, and child sexual abuse materials depicting girls increasingly becomes a currency in itself, traded amongst offenders, thereby exacerbating the underlying gender and social stereotypes and inequalities that perpetuate those abuses. Non-consensual image distribution overwhelmingly depicts young girls, exposing them to enormous trauma, which can also lead to episodes of self-harm. It is crucial to integrate a gender perspective into all measures designed to prevent and combat online child sexual abuse and the interception of online solicitation of children, while also addressing the root causes of gender-based violence and to ensure that digital platforms incorporate robust measures, including relevant human rights acts or recent legislation on violence against women, including cyber violence, in combating gender-based and cyber violence, to protect vulnerable users while addressing the systemic and disproportionate risks faced by girls and women.
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	1a EIGE paper on cyber violence against women and girls https://eige.europa.eu/newsroom/news/cyber-violence-growing-threat-especially-women-and-girls?
	1b GREVIO 2023 report https://www.coe.int/en/web/cyberviolence/cyberviolence-against-women

Amendment 3

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission	Amendment
	(11b) Unreported child sexual abuse and exploitation, which represents the majority of cases, should be addressed. Child sexual abuse also happens in family settings where domestic violence is prevalent and is therefore difficult to identify and report. This highlights the need for legislation that protects, supports, and provides comprehensive redress for victims and survivors, regardless of the existence of criminal proceedings. An adequate institutional framework is essential to guarantee children's rights. In that regard, this Directive should provide a legal framework to establish harmonised mechanisms in the phases of prevention, identification, protection, reporting and reparation to ensure a comprehensive and effective response to those offences.

Amendment 4

Proposal for a directive

Recital 11 c (new)

Text proposed by the Commission	Amendment
	(11c) Child sexual abuse can be exacerbated where it intersects with discrimination based on a combination of sex, gender and any other ground or grounds of discrimination as referred to in Article 21 of the Charter, namely race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation (‘intersectional discrimination’). Member States should therefore pay due regard to victims affected by such intersectional discrimination by taking specific measures to take that heightened level of risk into consideration when implementing the measures provided for by this Directive.

Amendment 5

Proposal for a directive

Recital 11 d (new)

Text proposed by the Commission	Amendment
	(11d) Children with disabilities are particularly vulnerable to sexual abuse and exploitation, particularly forced abortions, forced sterilisations and sexual violence. The Union, as party to the United Nations Convention on the rights of persons with disabilities (CRPD), is also bound by the CRPD’s obligations on the protection of children with disabilities from child sexual abuse and exploitation. Moreover, sexual abuse and exploitation may lead to a disability in children, which can affect their development in life.

Amendment 6

Proposal for a directive

Recital 11 e (new)

Text proposed by the Commission	Amendment
	(11e) Violence, abuse and neglect against children are more prevalent in institutional settings. Children in orphanages are particularly at risk of violence, including verbal abuse, beatings and physical torture, sexual abuse including rape, and psychological harm including isolation, harassment and humiliating discipline1a.
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	1a https://www.hopeandhomes.org/why-it-matters/how-orphanages-harm-children/

Amendment 7

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.	(12) To prevent offences involving the sexual abuse of children, this Directive should also define and address the so-called child sexual abuse instruction manuals. Instruction manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 8

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.	(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’ law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. This includes any conduct aimed at building a relationship of trust with a child for the purpose of child sexual abuse and sexual exploitation, such as manipulation, flattery, issuing instructions via phone calls or using digital means to coerce or lure the child into harmful situations. Perpetrators who coerce or manipulate children with a view to committing offences under this Directive, should be held accountable and subject to prosecution under this Directive. Grooming is an exacerbated risk for children with vulnerabilities, such as those facing mental health issues, low self-esteem, struggles with their gender identity, or for children who are bullied, isolated in school, and also those with family issues, or with experiences with prior abuse, including domestic violence or sexual abuse1a.
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	1a https://cesie.org/en/resources/cesagram-report-grooming-missing-minors/

Amendment 9

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference).	(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. However, in accordance with the recommendations of the United Nations Committee on the Rights of the Child and the Lanzarote Committee, Member States should exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). The provisions related to age of consent should not be interpreted as limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse and therefore to sexual violence.

Amendment 10

Proposal for a directive

Recital 26

Text proposed by the Commission	Amendment
(26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcohol.	(26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcohol. It is essential to recognise that individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

Amendment 11

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time.	(31) Victims of sexual abuse and sexual exploitation of children, particularly girls, are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. In addition, most cases of sexual abuse against children come from family members or people within the inner circle of the child, with the consequences of prolonged duration of the abuse, the above-mentioned stigma and the ease with which perpetrators can access the child. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. Member States should implement necessary measures to safeguard children’s well-being, mental health, and recovery from post-traumatic stress by ensuring adequate protection of victims’ identity and personal details from public media disclosure in judicial cases involving child victims of sexual abuse. Children should be protected from public overexposure, as such disclosures could profile, target, or re-traumatise the victims.

Amendment 12

Proposal for a directive

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Member States should recognise the right of victims to define themselves as survivors, understood as a person who has experienced child sexual abuse or exploitation, irrespective of their legal status and their recognition as a victim of a crime by a legal system. This takes into account the different phases that a victim of sexual abuse and exploitation goes through, and has the aim of avoiding re-victimisation.

Amendment 13

Proposal for a directive

Recital 33

Text proposed by the Commission	Amendment
(33) Some forms of online child sexual abuse, such as the live streaming of abuse of children, often committed physically by persons present in third countries at the request of paying perpetrators in the EU, create particular investigative challenges, as the streamed abuse does not usually leave images or recorded traces behind. Cooperation with financial services defined in Article 2, point (b), of Directive 2002/65/EC of the European Parliament and of the Council15 and other relevant service providers can be crucial to overcome challenges in investigating and prosecuting such offences. Hence, to ensure effective investigation and prosecution, Member States should consider providing frameworks for close cooperation between financial services and other relevant service providers such as providers of live streaming services. This would reduce impunity and ensure that all of the offences covered by this Directive can be investigated effectively, using targeted and appropriate tools and resources.	(33) Some forms of online child sexual abuse, such as the live streaming of abuse of children, often committed physically by persons present in third countries at the request of paying perpetrators in the EU, create particular investigative challenges, as the streamed abuse does not usually leave images or recorded traces behind. Cooperation with financial services defined in Article 2, point (b), of Directive 2002/65/EC of the European Parliament and of the Council15 and other relevant service providers can be crucial to overcome challenges in investigating and prosecuting such offences. Hence, to ensure effective investigation and prosecution, Member States should consider providing frameworks for close cooperation between financial services and other relevant service providers such as providers of live streaming services. This would reduce impunity and ensure that all of the offences covered by this Directive can be investigated effectively, using targeted and appropriate tools and resources ensuring the swift conclusion of the procedures should include immediate blocking and removing harmful content promptly and granting access to necessary material for law enforcement to effectively pursue and prosecute offenders. This approach safeguards victims while holding perpetrators accountable.
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15 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, ELI: http://data.europa.eu/eli/dir/2002/65/oj).	15 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, ELI: http://data.europa.eu/eli/dir/2002/65/oj).

Amendment 14

Proposal for a directive

Recital 34

Text proposed by the Commission	Amendment
(34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.	(34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines or online. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.

Amendment 15

Proposal for a directive

Recital 34 a (new)

Text proposed by the Commission	Amendment
	(34a) Member States, in accordance with the basic principles of their legal systems, should take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on mothers of child victims of sexual abuse and sexual exploitation when disobeying parental custody orders on the grounds that they have evidence of violence against children.

Amendment 16

Proposal for a directive

Recital 34 b (new)

Text proposed by the Commission	Amendment
	(34b) Member States should ensure that law enforcement authorities investigate, without undue delay, attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection, with a focus on strengthening victims' rights.

Amendment 17

Proposal for a directive

Recital 36

Text proposed by the Commission	Amendment
(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.	(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs, including the vulnerabilities of the victim and disproportionate psychological effects on girls, in a trauma-, gender-, disability- and child-sensitive manner. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. To prevent re-victimisation, law enforcement and related professionals should adopt gender-sensitive approaches that avoid perpetuating harm or gender bias during investigations and interactions with victims, as well as throughout the judicial process and beyond. Failure to implement such practices risks re-traumatising victims and deterring them from seeking justice. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. It is important to note that the Barnahus model incorporates gender-sensitive approaches, ensuring that gender-specific vulnerabilities are considered when in contact with survivors, training of staff includes gender sensitivity, and services are adapted to gendered experiences. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate and tailored psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation and carried out in a gender- and trauma-sensitive manner by trained professionals. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly and gender- and trauma-sensitive justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age, gender and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.

Amendment 18

Proposal for a directive

Recital 36 a (new)

Text proposed by the Commission	Amendment
	(36a) Member States should ensure comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs, with a gender perspective, are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should ensure its adequate funding to guarantee universality and non-discrimination in children’s access to their rights. This means that the care, support, protection, and reparations provided to children should be integrated and respect their status as full rights-holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development.

Amendment 19

Proposal for a directive

Recital 37

Text proposed by the Commission	Amendment
(37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals, including the staff at helplines . Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings.	(37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims, in a gender-sensitive manner, taking into account specific needs and characteristics of each child and survivor. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals and volunteers, including the staff at helplines. Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents, carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings.

Amendment 20

Proposal for a directive

Recital 38

Text proposed by the Commission	Amendment
(38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation.	(38) Child sexual abuse, whether committed physically or through information and communication technologies, has a profound and lasting impact on victims and survivors, affecting their mental health, personal development, and future well-being. The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing sometimes life-long effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. In some cases, recollection of sexual abuse and subsequent suffered trauma in victims varies. In addition, due to the unavailability of information and understanding on what constitutes child sexual abuse and consent, survivors may only recognise suffered sexual abuse later in life. Therefore, Member States should provide and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation, in a gender-sensitive manner taking into account the specific needs and characteristics of each child.

Amendment 21

Proposal for a directive

Recital 39

Text proposed by the Commission	Amendment
(39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender . The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representation could also be provided by the competent authorities for the purpose of claiming compensation from the State. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States.	(39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender. The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representation could also be provided by the competent authorities for the purpose of claiming compensation from the State. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States. Member States should ensure that the right to reparation or mitigation is not fulfilled solely through the right to monetary compensation, but also through comprehensive reparation beyond monetary means, including physical rehabilitation, granting access to health care, education or victims' services centres.

Amendment 22

Proposal for a directive

Recital 39 a (new)

Text proposed by the Commission	Amendment
	(39a) Prevention of child sexual abuse is of paramount importance to protect children. Member States should take protective measures to safeguard children’s physical, emotional, and psychological well-being and safeguard the fundamental rights of children to grow up in a safe environment, free from exploitation, violence and harm. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations.

Amendment 23

Proposal for a directive

Recital 39 b (new)

Text proposed by the Commission	Amendment
	(39b) Member States should ensure that law enforcement authorities investigate, without undue delay, attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection, with a focus on strengthening victims' rights.

Amendment 24

Proposal for a directive

Recital 40

Text proposed by the Commission	Amendment
(40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission.	(40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes and support Member States in developing information and awareness raising campaigns. Given the purpose of this Directive, to combat and prevent child sexual abuse, the EU Centre should have a Children's Rights and Survivors Advisory Board composed of experts with an advisory function relating to children’s rights and the victims’ and survivors' perspective. The Children's Rights and Survivors Advisory Board may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate. The EU Centre should be empowered to collaborate with relevant competent authorities and support services, including victim protection centres, women’s shelters, specialised children’s services, social services, children’s rights organisations, and healthcare professionals in Member States. In doing so, the EU Centre should ensure a gender-sensitive approach and a child rights-based perspective, prioritising the needs and protection of child victims. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results, including gender- and age-disaggregated data. Such national authorities should serve as a national contact point and should take an integrative multi-stakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission.
_________________
16 COM (2022) 209 of 11.5.2022.

Amendment 25

Proposal for a directive

Recital 40 a (new)

Text proposed by the Commission	Amendment
	(40a) It is essential that Member States establish multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, child sexual abuse survivors, healthcare professionals, educators and mental health specialists. Those structures should address the complexities of online sexual abuse and solicitation of children while taking into account the gender and age of child users, recognising that girls are disproportionately targeted in many forms of sexual exploitation and sexual abuse.

Amendment 26

Proposal for a directive

Recital 43

Text proposed by the Commission	Amendment
(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.	(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers educators in formal and non-formal educational settings, and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based and gender-sensitive approach, addressing specific vulnerabilities of girls and boys to different forms of sexual abuse and exploitation, thereby fostering the prevention of the crime. The initiatives aimed at educators, professionals and volunteers working with children and society at large should include campaigns on how to react when confronted with the disclosure of sexual abuse by a victim. Similar campaigns should tackle recognition and reporting online child sexual abuse material. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand, and tailored to the specific needs of children of different age groups, abilities and gender, including pre-school children. Recent figures show that child sexual abuse victims are increasingly younger, with 92 % of victims aged between three and 13. It is therefore important that this training is introduced at school, for both children and teachers, as early as possible. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of online safety programs for children in educational settings, digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, including through the new digital threats raised by AI, VR and online grooming, seek support and prevent its perpetration. Furthermore, Member States should ensure the provision of comprehensive, age appropriate sexuality and relationships education, based on the principles of gender equality, non-discrimination and fundamental rights and should address, in particular, the central role of consent in sexual relationships, and to emphasise that consent can only be given voluntarily as a result of the person’s free will. Member States should also strengthen digital literacy and tailor digital education in schools with the aim of equipping children with the necessary tools for navigating the online space in a safe manner. Guaranteeing those educational measures in all schools helps children, their families, teachers, and social services, to identify and report abuse. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care. Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.

Amendment 27

Proposal for a directive

Recital 43 a (new)

Text proposed by the Commission	Amendment
	(43a) To reduce the demand that fosters all forms of sexual exploitation of children, Member States should launch information and awareness-raising campaigns aimed at the general public to inform them about the changes in national law as a result of this Directive, including the increased sentencing, the legal consequences of child sexual abuse and exploitation, and the notion of consent. Those campaigns should emphasise the severe penalties for offenders, highlight the long-term consequences of engaging in such crimes, educate as to what lack of consent means, and in a clear and simple way inform individuals about the legal framework in place to combat child sexual exploitation.

Amendment 28

Proposal for a directive

Recital 43 b (new)

Text proposed by the Commission	Amendment
	(43b) Education programmes should be put in place by Member States, based on the practices of parents, carers and family members, to prevent sharing of nudes and semi-nudes of children via online application, or social media.

Amendment 29

Proposal for a directive

Recital 46

Text proposed by the Commission	Amendment
(46) Professionals likely to come into contact with child victims of sexual abuse and sexual exploitation should be adequately trained to identify and deal with such victims. To ensure child-friendly justice throughout the investigation and prosecution of child sexual abuse and sexual exploitation cases, that training should be promoted for members of the following categories when they are likely to come into contact with child victims: police officers, public prosecutors, lawyers, members of the judiciary and court officials, child and health care personnel, professionals in the education sector, including in early childhood education and care, social services, providers of victim support and restorative justice services, but could also involve other groups of persons who are likely to encounter child victims of sexual abuse and sexual exploitation in their work.	(46) Professionals likely to come into contact with child victims of sexual abuse and sexual exploitation should be adequately trained to identify and deal with such victims. They should be especially trained to treat them in a trauma-, gender- and child sensitive manner. Furthermore, appropriate training regarding different trauma responses, including an understanding of freezing – a trauma response common in rape and sexual abuse that renders the victims unable to move and causes them to be tense, still and silent, should be mandatory. To ensure child-friendly and gender-sensitive justice throughout the investigation and prosecution of child sexual abuse and sexual exploitation cases, that training should be mandatory for members of the following categories when they are likely to come into contact with child victims: police officers, public prosecutors, lawyers, members of the judiciary and court officials, child and health care personnel, professionals in the education sector, including in early childhood education and care, social services, providers of victim support and restorative justice services, but could also involve other groups of persons who are likely to encounter child victims of sexual abuse and sexual exploitation in their work.

Amendment 30

Proposal for a directive

Recital 54 a (new)

Text proposed by the Commission	Amendment
	(54a) Member States should ensure the systematic collection and reporting of data, disaggregated by sex/gender, age group (child/adult) of the victim and of the offender, the relationship between the victim and the offender and type of offence, whether the victim had a disability, and the context in which the offence took place, as well as in relation to intersecting forms of discrimination and other relevant sociodemographic characteristics, and evaluate them in order to implement effective prevention and to combat child sexual abuse and exploitation. Such data are vital for analysing the differing impacts of those crimes on boys and girls and for developing targeted, evidence-based prevention strategies and support measures tailored to their specific needs. Member States should also incorporate the collection of sex- and gender-disaggregated data as part of the national data collection measures to evaluate aggravating circumstances. This will provide insights into gender-specific trends in sexual abuse and inform future prevention strategies and policy adjustments.

Amendment 31

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission	Amendment
	(2a) ‘consent of the child above the age of sexual consent’ means any freely given, explicit, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances as a consequence of the exercise of free will on the part of the child concerned;

Amendment 32

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point a

Text proposed by the Commission	Amendment
(a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct;	(a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct, including material created using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

Amendment 33

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b

Text proposed by the Commission	Amendment
(b) depiction of the sexual organs of a child for primarily sexual purposes;	(b) depiction of the sexual organs of genital or anal area of a child for primarily sexual purposes;

Amendment 34

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) material that sexualises a child and that is intended for sexual purposes, without having the genital or anal area of a child in focus or depicting a child engaged in real or simulated sexually explicit conduct;

Amendment 35

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point d

Text proposed by the Commission	Amendment
(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes;	(d) realistic images, reproductions or representations of a child, regardless of any additional, unrealistic elements depicted in addition to the child, engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes;

Amendment 36

Proposal for a directive

Article 2 – paragraph 1 – point 3 a (new)

Text proposed by the Commission	Amendment
	(3a) 'child sexual abuse instruction manual' means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;

Amendment 37

Proposal for a directive

Article 2 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party;	(4) ‘child sexual exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration, profit, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, profit, advantage, benefit or consideration is made to the child or to a third party;

Amendment 38

Proposal for a directive

Article 2 – paragraph 1 – point 5 – introductory part

Text proposed by the Commission	Amendment
(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of:	(5) ‘child sexual abuse performance’ means a live exhibition aimed at an audience of one or more persons, including by means of information and communication technology, of:

Amendment 39

Proposal for a directive

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission	Amendment
	(5a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material; sexual extortion of children could involve gender-based violence;

Amendment 40

Proposal for a directive

Article 2 – paragraph 1 – point 5 b (new)

Text proposed by the Commission	Amendment
	(5b) ‘grooming’ means the process of establishing or building a relationship with a child either in person or through the use of the internet or other digital technologies to facilitate either online or in-person sexual contact;

Amendment 41

Proposal for a directive

Article 2 – paragraph 1 – point 5 c (new)

Text proposed by the Commission	Amendment
	(5c) ‘conversion therapy’ means any treatment aimed at changing a person's sexual orientation or gender identity;

Amendment 42

Proposal for a directive

Article 2 – paragraph 1 – point 8

Text proposed by the Commission	Amendment
(8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity.	(8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity.

Amendment 43

Proposal for a directive

Article 2 – paragraph 1 – point 8 a (new)

Text proposed by the Commission	Amendment
	(8a) ‘information and communication technologies’ means all technological tools and resources used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;

Amendment 44

Proposal for a directive

Article 2 – paragraph 1 – point 8 b (new)

Text proposed by the Commission	Amendment
	(8b) ‘hosting’ means providing of a hosting service as defined in Article 3, point (g)(iii), of Regulation (EU) 2022/2065;

Amendment 45

Proposal for a directive

Article 3 – title

Text proposed by the Commission	Amendment
Offences concerning sexual abuse	Offences concerning child sexual abuse

Amendment 46

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable.	1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable regardless of whether committed physically or through the use of information and communication technologies.

Amendment 47

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.	3. Causing, for sexual purposes, a child to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 48

Proposal for a directive

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years.	4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves or an object shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 49

Proposal for a directive

Article 3 – paragraph 5 – point a

Text proposed by the Commission	Amendment
(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or	(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years; or

Amendment 50

Proposal for a directive

Article 3 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or	(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability, such as but not limited to a state of unconsciousness, intoxication, freezing, illness, sleep, fear or bodily injury, or a situation of dependence, living in an institutionalised environment or a child deprived of liberty, shall be punishable by a maximum term of imprisonment of at least 10 years; or

Amendment 51

Proposal for a directive

Article 3 – paragraph 5 – point c

Text proposed by the Commission	Amendment
(c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.	(c) use is made of coercion, extortion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 52

Proposal for a directive

Article 3 – paragraph 6

Text proposed by the Commission	Amendment
6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.	6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 53

Proposal for a directive

Article 3 – paragraph 7 – point b

Text proposed by the Commission	Amendment
(b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.	(b) causing a child below the age of sexual consent to engage with another person or themselves or an object in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

Amendment 54

Proposal for a directive

Article 3 – paragraph 8

Text proposed by the Commission	Amendment
8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years.	8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 55

Proposal for a directive

Article 3 – paragraph 9 – point a

Text proposed by the Commission	Amendment
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;	(a) consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances; a non-consensual act is understood as an act which is performed without the child’s explicit consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, fear, intoxication, chemical submission, freezing, illness, bodily injury, disability or being in an otherwise particularly vulnerable situation;

Amendment 56

Proposal for a directive

Article 3 – paragraph 9 – point c

Text proposed by the Commission	Amendment
(c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.	(c) the child’s silence, verbal or physical non-resistance or past sexual conduct or any past or present relationship with an offender cannot be considered as having given consent.

Amendment 57

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age.	2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years.

Amendment 58

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.	3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 59

Proposal for a directive

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age.	4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 60

Proposal for a directive

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.	5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 61

Proposal for a directive

Article 4 – paragraph 6

Text proposed by the Commission	Amendment
6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.	6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years.

Amendment 62

Proposal for a directive

Article 4 – paragraph 7

Text proposed by the Commission	Amendment
7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age.	7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 63

Proposal for a directive

Article 4 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	7a. Coercing or forcing a child to share intimate material depicting the child under the threat of sharing the material shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 64

Proposal for a directive

Article 4 – paragraph 7 b (new)

Text proposed by the Commission	Amendment
	7b. Coercing or forcing a child to engage in sexual activities within the context of a conversion therapy practice shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 65

Proposal for a directive

Article 4 – paragraph 7 c (new)

Text proposed by the Commission	Amendment
	7c. Grooming a child with the aim of engaging with them in sexual activities shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 66

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission	Amendment
4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.	4. Distribution, dissemination or transmission of child sexual abuse material by any means shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 67

Proposal for a directive

Article 5 – paragraph 5

Text proposed by the Commission	Amendment
5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.	5. Hosting, offering, supplying or making available child sexual abuse material by any means shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 68

Proposal for a directive

Article 5 a (new)

Text proposed by the Commission	Amendment
	Article 5a
	Offences concerning child sexual abuse instruction manuals
	1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable.
	2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years.
	3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years.
	4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years.
	5. Article 5(7) and (8) shall apply, mutatis mutandis, to child sexual abuse instruction manuals.

Amendment 69

Proposal for a directive

Article 6 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;	(a) proposing, by means of information and communication technology, to meet a child either online or in person, for the purpose of committing any of the offences referred to in Article 3(4), (5), (6), (7), (8), Article 4(2), (3), (5), (6) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 70

Proposal for a directive

Article 6 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.	(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force, threats, intimidation or grooming.

Amendment 71

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .	Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2), (3) and (6) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months.

Amendment 72

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.	Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2), (3), (5), (6), (7) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

Amendment 73

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.	1. Member States shall ensure that Article 3(2), (4) and (7) do not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse or any other act constitutive of sexual violence.

Amendment 74

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
2. It shall be within the discretion of Member States to decide whether Article 4(4) applies to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.	2. It shall be within the discretion of Member States to decide whether Article 4(4) applies to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation, coercion, force, threats or intimidation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Amendment 75

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse.	where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse, exploitation, coercion, force, threats or intimidation.

Amendment 76

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.	For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given explicitly and voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.

Amendment 77

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 3

Text proposed by the Commission	Amendment
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.	The child’s silence, verbal or physical non-resistance or past conduct or any past or present relationship with an offender cannot be considered as having given consent.

Amendment 78

Proposal for a directive

Article 10 – paragraph 6

Text proposed by the Commission	Amendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.	6. Consensual production and sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image or video or similar material.

Amendment 79

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the offence was committed in the presence of another child;

Amendment 80

Proposal for a directive

Article 11 – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) the offence involved serious violence or caused serious harm to the child ;	(g) the offence involved serious violence or caused serious physical and/or psychological harm to the child;

Amendment 81

Proposal for a directive

Article 11 – paragraph 1 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) the offence resulted in a disability of the child;

Amendment 82

Proposal for a directive

Article 11 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the offence was committed repeatedly;	(h) the offence was committed repeatedly and/or continuously over a period of time;

Amendment 83

Proposal for a directive

Article 11 – paragraph 1 – point h a (new)

Text proposed by the Commission	Amendment
	(ha) the intention of the offence was to preserve or restore the so-called ‘honour’ of a person, a family, a community or another similar group;

Amendment 84

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Text proposed by the Commission	Amendment
	(ja) the offence was motivated by discrimination on the grounds of gender, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;

Amendment 85

Proposal for a directive

Article 11 – paragraph 1 – point j b (new)

Text proposed by the Commission	Amendment
	(jb) the offender has, by means of force or coercion, compelled one or more other persons to partake in the offence;

Amendment 86

Proposal for a directive

Article 11 – paragraph 1 – point j c (new)

Text proposed by the Commission	Amendment
	(jc) the offence was committed within the context of a conversion therapy practice.

Amendment 87

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children.	1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional and organised voluntary activities involving direct and regular contacts with children.

Amendment 88

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.	Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority to guarantee the right of every victim to access justice and which is commensurate with the gravity of the offence concerned.

Amendment 89

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;	(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Amendment 90

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;	(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Amendment 91

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.	(c) no limitation period shall be applied for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment

Amendment 92

Proposal for a directive

Article 16 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, these tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.	4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, these tools shall include psychological forensic experts and special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.

Amendment 93

Proposal for a directive

Article 17 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Member States shall ensure that all professionals and volunteers working in close contact with children are informed and trained on how to identify and report child sexual abuse and exploitation, following the best interests of the child.

Amendment 94

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.	1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report through diversified mechanisms the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment 95

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure reporting is not conditional upon parental consent.	2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly, accessible, gender- and trauma- sensitive manner and language, in accordance with victim’s age and maturity. Member States shall ensure reporting is not conditional upon parental consent.

Amendment 96

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission	Amendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.	1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account possible intersectional discrimination and the best interests of the child.

Amendment 97

Proposal for a directive

Article 20 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure the provision of easily accessible, free of charge and comprehensive healthcare services, including sexual and reproductive healthcare for child victims of sexual abuse or exploitation. Those services shall include access to safe and legal abortion, emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections.

Amendment 98

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.	1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support including gender-sensitive services addressing the specific needs of girls and women, are provided to victims and survivors as soon as a report is made both and during criminal proceedings and as long as needed after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family paying special attention to the fact that those cases could also involve gender-based violence.

Amendment 99

Proposal for a directive

Article 21 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall establish age-appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation in line with Barnahus’ model standards, ensuring gender-, trauma- and disability- sensitivities are considered when in contact with victims, and that such centres are staffed by adequately trained professionals.

Amendment 100

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.	2. Victims shall be provided with comprehensive, specialist, coordinated, need and age-appropriate gender- and trauma- sensitive medical care, including access to sexual and reproductive healthcare services, emotional, psychosocial, psychological, legal and educational and administrative support, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of child victims and survivors.

Amendment 101

Proposal for a directive

Article 21 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Victims shall upon their request and on opt-out basis receive information regarding any instances of child sexual abuse material depicting them that is or has been disseminated in the Union.

Amendment 102

Proposal for a directive

Article 21 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. Member States shall, in particular, take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with Article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250(COD)).

Amendment 103

Proposal for a directive

Article 21 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Families of victims of sexual abuse shall be provided with tailored, age-appropriate, gender-sensitive, trauma-informed and accessible information, support and assistance.

Amendment 104

Proposal for a directive

Article 21 – paragraph 9 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) ensuring that collected information includes best practices on addressing the specific needs of girls and women as victims of sexual abuse and exploitation;

Amendment 105

Proposal for a directive

Article 22 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that child victims are entitled to participate in criminal proceedings, and they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns, with a view to avoiding secondary victimisation.

Amendment 106

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that child victims have, without delay, access to legal counselling and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources.	2. Member States shall ensure that child victims have, without delay, access to legal counselling and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge.

Amendment 107

Proposal for a directive

Article 22 – paragraph 3 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) measures to avoid visual contact between victims and offenders, including during the giving of evidence, by appropriate means including the use of communication technology, are introduced;

Amendment 108

Proposal for a directive

Article 22 – paragraph 3 – point f a (new)

Text proposed by the Commission	Amendment
	(fa) appropriate measures are taken to ensure the child victim can effectively communicate their testimony, including access to interpreters where necessary;

Amendment 109

Proposal for a directive

Article 22 – paragraph 3 – point g

Text proposed by the Commission	Amendment
(g) medical examinations of the child victim for the purposes of the criminal proceedings are as limited as possible and are carried out by professionals trained for this purpose.	(g) medical examinations of the child victim for the purposes of the criminal proceedings are as limited as possible and are carried out by professionals trained for this purpose, using child- and gender-sensitive and trauma-informed approaches, and taking into account the needs of children with disabilities.

Amendment 110

Proposal for a directive

Article 23 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure that their competent authorities pay directly to the victim the adjudicated compensation without undue delay. The competent authorities shall be subrogated to the right of the victim in relation to the offender for the amount of the adjudicated compensation.

Amendment 111

Proposal for a directive

Article 23 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;	(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Amendment 112

Proposal for a directive

Article 23 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;	(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;

Amendment 113

Proposal for a directive

Article 23 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.	(c) no limitation period shall be applied for the offences punishable under this Directive by a maximum penalty of at least 8 years.

Amendment 114

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission	Amendment
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .	1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, including gender- sensitive, age-appropriate, comprehensive sexuality education information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures including psychological support and monitoring, while ensuring confidentiality and anonymity.

Amendment 115

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.	2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material, including comprehensive age- appropriate sexuality and relationships education, based on the principles of gender equality, non-discrimination and fundamental rights and shalladdress, in particular, the central role of consent in sexual relationships, and to emphasise that consent can only be given voluntarily as a result of the person’s free will where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness supporting children to recognise sexual violence, understand their rights and therefore reduce the risk of children, becoming victims of sexual abuse or sexual exploitation, both physically or through the use of information and communication technologies. Member States shall ensure that such action incorporates a gender perspective, addressing the specific vulnerabilities of girls and boys to different forms of sexual abuse and exploitation.

Amendment 116

Proposal for a directive

Article 28 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall develop awareness-raising campaigns and programmes targeted at children, to increase knowledge that non-consensual sex is considered a criminal offence, and shall promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such material shall be adapted to the evolving capacity of the persons to whom it is addressed.

Amendment 117

Proposal for a directive

Article 28 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.	3. Member States shall ensure and facilitate regular and specialised training, including in child friendly justice and gender sensitivity for professionals, judges and for officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including, but not limited to, child protection professionals, legal professionals, child care, healthcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation. Such training shall be human-rights based, victim-centred and gender-, disability- and child-sensitive.

Amendment 118

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.	Member States shall take appropriate measures to ensure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, day-care centres, social care services, sports clubs or religious communities.

Amendment 119

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) dedicated training and awareness raising activities for staff working in such settings;	(a) dedicated training and awareness raising activities for staff and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

Amendment 120

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 3

Text proposed by the Commission	Amendment
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.	Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children from racial and ethnic minorities, children in contexts of migration, LGBTIQ+ children, children living in poverty and children with mental or physical disabilities or a vulnerable state of health.

Amendment 121

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) supporting them in the development of information and awareness-raising campaigns.

Amendment 122

Proposal for a directive

Article 29 – paragraph 1

Text proposed by the Commission	Amendment
1. Without prejudice to intervention programmes or measures imposed by the competent judicial authorities under national law, Member States shall take the necessary measures to ensure that dedicated and effective intervention programmes or measures are made available to prevent and minimise the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the criminal proceedings, and shall be available both inside and outside prison, in accordance with national law.	1. Without prejudice to intervention programmes or measures imposed by the competent judicial authorities under national law, Member States shall take the necessary measures to ensure that dedicated and effective intervention programmes or measures are made available to prevent and minimise the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the criminal proceedings, and shall be available both inside and outside prison, in accordance with national law. Member States shall encourage participation of offenders in those programmes.

Amendment 123

Proposal for a directive

Article 31 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:	2. The statistics shall include the following data disaggregated by at least sex/gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence and aggravating circumstances:

Amendment 124

Proposal for a directive

Article 31 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the annual number of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;	(b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion:

Entity and/or person
The French Coordination for the European Women’s Lobby
ECLAG - Ending Child Sexual Abuse Group

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.