As the debate on the clauses and amendments to the draft bill aimed at providing a comprehensive response to sexual and gender-based violence against women and children takes place this Tuesday, 22 September, the e-Enfance / 3018 Association looks back at its hearing and at the legislative changes needed to better address sexual violence committed or facilitated by digital technology.
Cyberflashing, sextortion, remote sexual exploitation, child sexual abuse material generated by artificial intelligence, and the instigation of sexual violence online: several provisions of the draft bill aim to adapt criminal law to phenomena that have been observed for several years by the 3018 teams.
The digital world is now both a setting in which sexual violence takes place, a means of perpetrating it and, in certain situations, the very core of the perpetrators’ modus operandi.
Adapting the law to forms of violence that are evolving alongside digital practices
During its hearing, the e-Enfance / 3018 Association called, in particular, for greater attention to be paid to the mass or coordinated sending of sexually explicit content, going beyond simply introducing an offence of cyberflashing.
The Association also drew attention to the criminal liability applicable to remote sexual exploitation. The seriousness of the offences cannot be downplayed simply because the acts of violence are ordered, organised or carried out via a screen.
Another major challenge is the legal treatment of child sexual abuse material generated entirely by artificial intelligence. The rapid development of generative AI tools makes it essential to clarify their legal classification in order to ensure that the criminal justice response is appropriate to these new forms of criminal activity.
Finally, the Association emphasised the need to gain a better understanding of the entire process that can lead from initial online contact with a minor to incidents of sextortion, sexual exploitation or other forms of sexual violence.
Expertise from the e-Enfance Association Observatory / 3018
This analysis draws in particular on the expertise of Véronique Béchu, Director of the’e-Enfance Association Observatory / 3018.
Her career in the criminal investigation service and child protection has enabled her to observe how digital technology has gradually transformed perpetrators’ modus operandi and the mechanisms they use to exert control over their victims, as well as the needs of investigators and any gaps in the law when it comes to dealing with these new practices.
The Observatory’s work is therefore based on a combination of several sources: operational experience, legal analysis and the situations reported to 3018 on a daily basis.
This approach enables the Association to document trends in digital violence affecting minors and to identify certain emerging phenomena, sometimes before they are fully reflected in public debate or in legislation.
Making digital technology an integral part of the fight against sexual violence
For several years now, this expertise has underpinned the work of the e-Enfance / 3018 Association, as well as the work it carries out alongside other organisations committed to combating violence against children.
Digital technology can no longer be regarded as a peripheral aspect of sexual violence. It now constitutes both a space and a means by which such offences are committed, involving specific modus operandi that the law must be able to recognise, classify and prosecute.
Our articles on the subject
One year after its establishment, the Observatory has reaffirmed its role as a watchdog against online violence against minors.
Harassment and digital violence: secondary school pupils in the Pays de la Loire region can now contact the 3018 chat service from their laptops
European Parliament report: strengthening the protection of minors online
The campaign by the e-Enfance / 3018 Association against minors’ access to pornography
