Commercial Sexual Exploitation and Sexual Abuse of Children

United Nations ESCAP
HRD Section

Commercial Sexual Exploitation and Sexual Abuse of Children

Definitions of Terms

The Convention on the Rights of the Child defines a child in article 1 as "every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier."

The standard definition of commercial sexual exploitation of children which will be used is that of the United Nations, which defines it as the use of a child for sexual purposes in exchange for cash or in-kind favours between the customer, intermediary or agent and others who profit from the trade in children for these purposes (parent, family member, procurer, teacher).(2)

There are three forms of commercial sexual exploitation of children which have already been defined by the United Nations, namely child prostitution, trafficking and sale of children across borders and within countries for sexual purposes, and pornography.

Child prostitution is an act of engaging or offering the services of a child to a person to perform sexual acts for money or other consideration with that person or any other person.

Trafficking and sale of children across borders and within countries for sexual purposes is the transfer of a child from one party to another for whatever purpose in exchange for financial consideration or other rewards. Sexual trafficking is the profitable business of transporting children for commercial sexual purposes. It can be across borders or within countries, across state lines, from city to city, or from rural to urban centres.

Child pornography is visual or audio material which uses children in a sexual context. It consists of the visual depiction of a child engaged in explicit sexual conduct, real or simulated, or the lewd exhibition of the genitals intended for the sexual gratification of the user, and involves production, distribution and or use of such material.

Sexual abuse of children(3) can be defined as contacts or interactions between a child and an older or more knowledgeable child or adult (a stranger, sibling or person in a position of authority, such as a parent or caretaker) when the child is being used as an object of gratification for an older child's or adult's sexual needs. These contacts or interactions are carried out against the child using force, trickery, bribes, threats or pressure.

Sexual abuse can be physical, verbal or emotional and includes:

(a) Touching and fondling of the sexual portions of the child's body (genitals and anus) or touching the breasts of pubescent females, or the child's touching the sexual portions of a partner's body;

(b) Sexual kissing;

(d) Exposing children to adult sexual activity or pornographic movies and photographs;

(e) Making lewd comments about the child's body;

(f) Having children pose, undress or perform in a sexual fashion on film or in person (exhibitionism);

(g) "Peeping" into bathrooms or bedrooms to spy on a child (voyeurism).

2. The Declaration of the World Congress against Commercial Sexual Exploitation of Children defines the commercial sexual exploitation of children as "sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons...(It) constitutes a form of coercion and violence against children, and amounts to forced labour and a contemporary form of slavery".

3. Adapted from original definitions provided by Finkelhor and the United States Department of Health and Human Services: (a) Finkelhor, D., "Current information on the Scope and Nature of Child Sexual Abuse, The Future of Children", vol. 4 (2): 31-53, 1994; and (b) National Center on Child Abuse and Neglect, "Sexual abuse of children - Selected readings", Office of Human Development Services, United States Department of Health and Human Services, Publication No. 78-30161, 1980, pp. 1-6.

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