In the Law of 2014 [The Prevention and Combatting of Sexual Abuse, Sexual Exploitation of Children and Child Pornography Law of 2014 (91(I)/2014)] a «child» means any person under the age of 18 years, while sexual abuse and exploitation of children is defined as follows (sections 6-10 and 15):

• Any person who causes a child to witness sexual acts or depictions of sexual acts, even if the child does not participate therein.
• Any person who causes a child to witness sexual abuse or depictions of sexual abuse, even if the child does not participate therein.
• Any person who engages in a sexual act with a child, where a position of trust, authority or influence over the child is abused, or where the child's vulnerability due to mental or physical disability or dependence is abused, or where coercion, violence or threats are used.
• Any person who coerces a child or uses violence or threats towards a child in order to perform a sexual act with a third person.
• Any person who causes a child to participate in pornographic performances or encourages a child to participate in pornographic performances or profits from the child's participation in pornographic performances with or without the use of information and communications technology.
• Any person who accesses child pornography through information and communications technology or who distributes, disseminates or transmits child pornography material.
• Any person who proposes to meet a child through information and communications technology, with the purpose of performing a sexual act with the child or producing pornographic material.
• Any person who disseminates material that promotes opportunities to commit any of the felonies referred to in sections 6 and 9 of the Law.
• Any person who attempts, aids, abets, incites or collaborates in the commission of the offences provided for in the Law. 

Aggravating circumstances:

• When the sexual abuse or exploitation occurs in the following circumstances:
• Abuse of a position of trust, authority or influence over the child by any person who participates in a sexual act with a child.
• Abuse of a child's vulnerable situation, mainly due to mental or physical disability or other state of dependence.
• Participation of a child in a sexual act using coercion,violence or threat.
• An act can be considered sexual abuse even if it does not involve an act of penetration, violence, pain or even touching. Child sexual abuse can involve both physical and non-physical activity.

A) Some examples of physical activity (touching) include:

• Touching the child's genitals and/or other private parts.
• Forcing a child to touch the genitals of another person, adult or minor.                                                                    
• Forcing a child to play sex games or have sexual intercourse by putting objects or body parts (such as fingers, tongue or penis) into the child's vagina, mouth or anus for the sexual enjoyment of the abuser.

B) Some examples of non-physical activity (no touching) include:

• Exposure of the child to pornographic material.
• Intentional exposure of an adult's genitals to a child.
• Taking photos of a child in sexual positions.
• Encouraging or coercing the child to watch or listen to sexual acts.
• Watching, in an inappropriate way, a child undressing or bathing.
• There is also the serious and growing problem of people producing and downloading child pornography material on the internet with sexual depictions of children (photos and/or videos). Anyone who watches images of child abuse is considered to take part in the child’s abuse.

It is noted that all of the above behaviors aim at the sexual stimulation and enjoyment of the perpetrator.  

• Age of consent

Under the relevant Law of 2014, the age of consent is defined as the age of seventeen (17) years and any sexual act or activity below the age of consent, as stated in the sections of the relevant legislation, is considered a criminal offence.

According to the legislation, certain sexual activities between minors or between a child and an adult are not considered a criminal offence.

• Sexual relations between minors

In cases where minors are involved in sexual activities - i.e. under the age of 18 and under the age of consent, i.e. 17 - their acts are exempt from the Law and are not considered a criminal offence, provided the children involved are over 13 years old, the difference between them does not exceed three years or they are married.

The consensual sexual acts between children over 13 years of age and below the age of consent (17 years), which are not a criminal offence, are stated in sections 6, 7, 8, 9 of the relevant Law:

Consensual activities:

• Witnessing sexual acts or depicting sexual acts,
• Engaging in a sexual act with a child,
• Watching, in person or by other means, a pornographic performance or child pornography,
• Producing child pornography material,
• Possessing child pornography material,
• Inviting or reaching out to a child through means of information and communications technology.

It is understood that the children must be of similar age and similar degree of psychological and physical development or maturity and their activities must not involve any abuse, violence, exploitation or coercion.

Examples:

• It is not an offence if two minors over the age of 13 exchange naked photographs of themselves, however it is an offence if one of them subsequently shows these photographs to others. This act would amount to distribution of child pornography and is not exempt.
• Providing a reward for engaging in a sexual act (such as a gift) is also not exempt, as this would constitute the offence of child prostitution, which is not exempt.

• Sexual relations between minors and adults

The Law allows relations of adults with minors provided the minor is over 13 years of age and the age difference with the adult does not exceed 3 years. For example, sexual activities/relationships between a 15-year old and an 18-year old or a 16-year old and a 19-year old are allowed, as long as they are never the result of abuse, violence, exploitation or coercion.

Online grooming and online sexual abuse can occur in chatrooms and social media. Raising awareness on online sexual abuse and online grooming is equally important in order to protect minors.

Online abuse

It is the abuse of a minor via a mobile phone or the internet and includes all of the following, when accompanied by sexual content or innuendo:

• 1) Making fun of the minor in a chatroom,
• 2) Receiving obscene, intimidating and offensive messages,
• 3) Receiving obscene/insulting content during chats,
• 4) Making fun of the minor by a person who has created a fake profile and uses it as a means to humiliate him or her,
• 5) The disclosure of personal data without the minor's permission,
• 6) The exclusion of the minor from a group or online activity.

Perpetrators, who may themselves have been victims of bullying or abuse, may harbour feelings of jealousy and revenge towards their victim, find it difficult to express their feelings in a healthy way and generally seek to exploit the minor. They may also maintain various online accounts.

Online Grooming:

Grooming is the attempt to establish a relationship with the child, with the aim of arranging to meet and, by extension, exploiting or abusing the child. Sometimes, perpetrators use a fake identity, pretending to be children themselves in order to gain the child's trust. This is usually achieved by showing interest in the child and treating them in a privileged way. Here are some examples:

• Flattering and offering opportunities for modelling jobs, especially to young girls.
• Promises to meet celebrities and offering gifts.
• Showing attention or sympathy when the child discusses their problems.
• Providing support in various issues concerning their relations with others.

The online grooming of minors includes the following:

• a) Showing pornographic material to the minor (in some cases the online grooming of minors can lead to live sexual abuse).
• b) Attempting to change the subject of discussion to pornographic content.
• c) An adult person’s attempt to obtain personal photographs of the minor.

Perpetrators start conversations with potential victims with the aim of developing a relationship of trust and obtaining as much information as possible about where they live, their interests, hobbies and sexual experiences. Conversations can last for days, weeks, even months, until the perpetrator gains the child's trust.

A child can be exploited online without a face-to-face meeting or physical contact. For example, the perpetrator may ask the victim to send naked photos or perform sexual acts in front of an online camera and send the images to others. Once he or she has gained the child's trust online, the perpetrator might propose that they meet in person.

Perpetrators may also resort to threats if the child does not respond to their requests or stops responding after some information has been obtained.

The perpetrator may be an unknown person or a person who has close relations with the victim's family.

Victims include individuals who are going through a difficult emotional period, experiencing abusive relationships or neglect, and are looking for someone to share their experience, do not have a close circle of friends and/or feel unable to express their feelings.

In terms of victim profiling, it is important to recognize that any child can be a victim and that all children have the same risk.

Whatever the form of child seduction, many young victims feel responsible and guilty for what happened and find it difficult to seek help. In some cases, they may not even realize that what is happening constitutes abuse and may think that they are actually in a relationship with the perpetrator, as they have come to feel “close” to and trust him or her.

Potential signs that a minor is a victim of online abuse or online grooming include the following:

• Change in behavior (frequent mood swings, less tolerant to advice/recommendations, arrogance or reduced self-confidence).
• Spending a lot of time on the internet.
• Asking to be alone when accessing the internet.
• Hastily changing to a different web page when someone is approaching.
• Not confiding/discussing/sharing things from their daily life.
• Apathetic to what is happening around them.
• Drop in school performance.
• Difficulty sleeping.
• Decreased appetite or motivation for activities.

When taken individually, these signs do not imply that a child is being sexually abused, but the simultaneous presence of several signs should make us reflect on potential problems or difficulties that the child may be experiencing and consider seeking help.

Children often show us rather than tell us that something is upsetting them. There may be many reasons for changes in their behavior, but if we notice a combination of worrying signs, we may need to ask for help or advice or go ahead and report the incident.

The child may show some of the following signs. These signs do not indicate that the child has been abused. They are indicators, but not facts. It is important to be informed, without jumping to conclusions.

What to look out for in children:

Behavioral signs:

• They are overly sensitive or cry in an unusual way when you leave them.
• They have difficulty sleeping, do not want to go to bed, have nightmares, fear of the dark.
• They regress to previous immature behaviors (finger sucking, bed wetting).
• Problems at school: discipline issues, poor concentration, changes in performance.
• They show excessive fear of a particular person or place.
• They want to be alone.
• Sudden and unexplained mood changes.
• They become unusually secretive.
• They mention a new, older friend.
• Unexplained money or gifts found on them.
• They avoid your questions or change the subject or have memory loss.
• They may show signs of escapism.
• They do not want to be left alone with one particular child or young person.

Inappropriate sexual behaviors

• They act in an inappropriate sexual manner towards toys or objects.
• They seek sexual stimulation. Excessive touching or masturbation in public.
• They use vocabulary that is not age-appropriate.
• They suddenly start using new words commonly used by adults to refer to body parts.
• They initiate inappropriate sexual advances towards other children. They encourage other children to participate in sexual acts and generally behave in a sexually seductive way.
• They place things in their own vulva/vagina or anus.
• They are sexually aggressive and/or victimize peers or younger children.
• They show unusual interest in or avoid sexual ideas and material.

Physical signs

• Health issues
  Physical signs of sexual abuse may be rare and it is important to always obtain a medical opinion.
  • Discomfort, pain, bleeding, marks, bruising around the genitals, anus or mouth.
  • Changes in color, itching, discharge, smell in genitals.
  • Persistent or recurrent pain when urinating and/or defecating.
  • Ongoing urinary tract infections.
  • Wetting accidents not related to toilet training.
  • Sexually transmitted diseases, pregnancy.
  • General health complaints, chronic headache, stomach pains, throat pains.

• Concerns about their personal appearance
  • They hide their secondary sexual characteristics (cover up, wear loose clothing).
  • They try not to be attractive (stop wearing make-up, put on weight).
  • They are afraid to undress or refuse to undress in PE lessons.
    

Psychological and emotional signs:

• They look insecure.
• They have outbursts of anger.
• They engage in self-destructive behavior (cutting, burning, or other activities that cause harm, head banging, self-harming, alcohol use).
• They feel anxiety and panic.
• They are depressed.
• They have suicidal ideas.
• They have eating disorders, changes in eating habits (eating too slowly or too fast).
• They use substances.
• They have difficulty focusing their attention, show loss of interest, decreased participation in activities that used to interest and make them happy.
• They have problematic relations with peers.
• They fear men.
• They have low self-esteem.
• They feel or are isolated.
• They feel stigmatized and ashamed.
• They have problems with their sexual identity.

When taken individually, these signs do not imply that a child is being sexually abused, but the simultaneous presence of several signs should make us reflect on potential problems or difficulties that the child may be experiencing and consider seeking help.

We need to keep in mind that some of these symptoms can also occur in other times of stress, such as:

• During a divorce,
• Death of a family member or pet,
• Problems at school or with their friends,
• Other stressful or traumatic events.

It is possible that some children may display harmful behavior towards other minors, usually younger than the child offender.

Most people are already aware of the risk of sexual abuse of a child by an adult. There is also a growing understanding that the vast majority of children who are sexually abused are most often abused by someone they know and trust. Unfortunately, very few adults recognize that children and teenagers can be a danger to other children.

In fact, over a fifth of all crimes of child sexual abuse are committed by someone under the age of 18. This can be difficult to address, as adults find it hard to accept that children or teenagers they know are capable of sexually exploiting others. Also, it is not always easy to distinguish the difference between normal sexual curiosity and a behavior that may be abusive.

Children, especially younger ones, may engage in inappropriate interactions without an understanding of their harmful impact on others. It is therefore more useful to talk about a child's sexually “harmful” behavior rather than sexually “abusive” behavior. The term sexually “harmful” behavior is used in cases of young children who may engage in inappropriate interactions without an understanding of their harmful impact on others.

In Cyprus, persons under the age of 14 cannot be held criminally liable. Therefore, behavior that would otherwise constitute the offence of sexual abuse should be treated differently when displayed by children under the age of 14.

Children as young as 4 or 5 may unknowingly engage in sexually harmful behavior.

Usually, but not always, the child or young person causing the harm is older than the victim.

Often, the child who has been harmed is uncomfortable or confused about what is happening, but may also feel that they have willingly participated or blame themselves.

Many times, one or both children do not understand that the behavior is harmful. Sexually harmful behaviors by children and young people can range from experimentation, “gone too far”, to serious sexual abuse.

• Why do some children sexually harm other children?

The reasons why children sexually harm other children are often varied, complex and not always obvious. In some cases, these reasons are likely to be linked to emotional factors. Some children may have witnessed physical or emotional violence in their home. They may have been exposed to sexually explicit films, computer games or material that is confusing to them. In some cases, a child or teenager may act on an impulse, without malicious intent, but may cause harm to themselves or to other children.

Whatever the reasons, without help, some sexually abused young people will continue to sexually abuse children as adults. It is important to seek advice and immediate help if there is any concern or question about a child or teenager.

Professional help and advice are necessary to determine how best to support a child in managing any relevant impulses.

Finding out that their child may have sexually abused another child is one of the hardest experiences for a parent. Denial, anger and shock are normal reactions. But if we don’t respond quickly and in a sensitive way, the outcome can be devastating for the whole family.

So if we suspect that something is wrong, it is vital to seek advice on what to do as soon as possible. Early help for the child or young person and their family can really make a difference. Evidence shows that the earlier children get help, the more chances we have to prevent them from engaging in unacceptable behaviors and the more able they become to cultivate the skills they need to control their behavior. A quick and immediate response can help reduce harmful consequences for the whole family. It is therefore important to seek scientific advice on how to act as soon as we notice the warning signs.

Basic principles in managing the disclosure of abuse

When faced with the disclosure of abuse of a minor, the teacher’s first response must be guided by the following basic principles:

• Once a child confides in us, it is important to create conditions that allow the conversation to take place in a confidential and private setting. The teacher should find a place where confidentiality is guaranteed, at least during our conversation with the child. The child must also feel safe in this space.
• We believe the child and pay particular attention to them.
• Even if something sounds strange, even if some of the things they are saying are not true, it is important to show that we believe them, so that they can continue telling their story.
• What they are revealing is very important to them, even if it is not an incident of sexual abuse, so we should dedicate all the time they need to express themselves.
• We tell the child that we can listen, support and help them.
• We approach the conversation with the necessary sensitivity and respect.
• We recognize the child's vulnerable situation, whatever their age. There are many reasons why a child may not have spoken out earlier.
• We acknowledge that what the child is doing is very difficult.  
• We treat the child’s reactions as normal and expected.
• If we see that they are struggling, we ask the child directly, in a way that they can understand. If we suspect, we ask clearly. When discussing a broader subject that may lead to potential disclosure, we take the opportunity to start a conversation.
• We react calmly and keep our cool, while showing interest in what they are saying, to encourage the child to continue talking.
• We listen carefully to the child - active listening
• It is important to stay neutral, as the child has a special relationship with the perpetrator and may be afraid to speak out, so as not to put him or her in danger. We avoid any phrases that might make the child think we are being critical (e.g., “Why didn't you say no?”, “Why didn't you speak out sooner?”, “Why did you accept his gift?” etc.).
• We try as best as we can to put ourselves in the child's shoes, bearing in mind their stage of development. This will allow us to understand any limitations they may have and respond accordingly.
• We listen to the child and talk as little as possible. When we do choose to talk, we express ourselves in a supportive and reassuring way, rather than asking questions.
• We try to listen, without making any assumptions on whether or not abuse has taken place, so as not to subject the child to our own thoughts.
• We must bear in mind that the child's story is likely to be fragmented and contradictory. The incident will be investigated by properly trained individuals. It is, however, the teacher who will need to make the initial report.
• We take away the guilt and reassure the child (“You’re not to blame for what happened to you / It's not your fault”).
• We reassure the child that they did the right thing in reporting the incident.
• We do not diagnose or evaluate by asking clarifying questions to elicit more information and reach a final conclusion. Instead, we form a suspicion that can be investigated by an expert.
• We reassure the child that we are available for whatever they need next.
• We tell the child what we are going to do next and provide all relevant information. We reassure the child that these further actions aim to ensure their safety and protection.
• We make notes of the main events with reference to people, times and dates, people's behaviors and anything else that might help in reporting the incident. We also note the name of any person mentioned by the child or who may have been present and seen or heard something, as well as any observations about the child's physical condition (e.g. pale, shaking, not maintaining eye contact). These notes should be meaningful and as accurate as possible, but not taken in the child's presence.
• Young children have little or no perception of time and perceive terminology and phrases differently. We encourage the child to express themselves in their own words while we also use simple and understandable language.
• “Did he or she touch you in a place you didn't like/that is forbidden or that made you feel uncomfortable?”, “Did someone ask you to keep a secret?”).
• If the child or the person reporting the abuse becomes emotionally overwhelmed, give them time and let them continue when they are ready.
• We maintain strict confidentiality and report what we have heard only to the persons involved in the procedures.
• We inform the child that we will have to break confidentiality and explain why we are doing it. We explain the options and give as much information as we can about what will happen next.

Remember:

• We might be the first person to whom the child has talked about the abuse.
• Bad judgment is not a crime, but not taking any action is illegal.
• If we don't take action, children may never feel safe to talk about this issue.

The legal obligation to report does not lie with the school but with the INDIVIDUAL who becomes aware of the sexual abuse or exploitation of a minor. The school, and more specifically the Management, simply facilitates the process for the teacher. Therefore, if any information comes to your attention about potential child abuse, you should immediately report the incident to the competent State services. The reporting procedure is described in detail below.

Reporting the disclosure of child sexual abuse

These procedures are indicative of how to properly handle incidents.

It should be noted that a report by a teacher to a school Headmaster does not exempt the teacher of their responsibility under the Law to report or forward the complaint to the competent authorities (section 30).

As mentioned above, emphasis is placed on the fact that the legal obligation to report does not lie with the school, but with the INDIVIDUAL who becomes aware of the sexual abuse or exploitation of a minor. The school, and more specifically the Management, simply facilitates the process for the teacher.

• The person who receives the information reports the incident to the School Management.
• They provide a description of the key events.
• The School Management immediately notifies the school’s educational psychologist.
• Information is shared with sensitivity and confidentiality (other teachers are involved, e.g. the child's teacher or a teacher – counsellor or a member of the “Domestic Violence” team).
• The school, (the Headmaster together with the teacher or one of the two) makes a written and signed report, as soon as possible (either immediately on the same day or in the next 2-3 days, depending on the severity of the case), to the offices of the local CID – Crime Investigation Department in their city, for further handling of the incident of sexual violence. In order to ensure personal data protection, the report is not sent by fax. It is further noted that the person receiving the report is also criminally liable to forward it, with or without the involvement of the Headmaster. The incident can also be reported by phone to the Special Investigation Team set up at the Police Headquarters as of 1 January 2017, tel.: 22808442 (nationwide number).
• A written report is also forwarded without delay to the local Social Welfare Services Office.
• The family is informed, as appropriate (see below).
• No other person takes evidence from the child.
• There is no investigation into the incident.

Informing the victim's family about the filing of a written report

In none of the cases listed below is the school required to obtain the consent of the parents of either the victim or the perpetrator(s) to forward the written report of the incident. The protection of minor victims is a primary concern for all citizens and professionals working with minors.

To avoid confusion and mistakes, the school or teacher must consider it their duty to first report the incident to the competent authorities and then inform the child's family. This will help to avoid both influencing testimony and the awkward position that a school or teacher may find themselves in with parents, as they will be able to simply say that this is required by Law and it is not up to their discretion.

In any case, the school or the teacher should avoid giving the parents more information than necessary, as there is a risk that potential testimony may be compromised.

• If the alleged perpetrators are relatives of the minor victim (parents, siblings), the school will forward the written report for further handling, with or without the consent of the adults involved. Depending on the case, it will then decide whether it wishes to disclose to the individuals involved as perpetrators - being first-degree relatives of the child - the fact that it has forwarded the written report. Usually, however, parents are informed about the report of the incident by the relevant Police and Social Welfare Services Offices, which will then take over the handling of the case.
• If the alleged perpetrators are relatives of the minor victim (uncles, grandparents, cousins or persons from the child’s close circle, e.g. friends of the family, etc.), the school will forward the written report to the competent authorities for further handling, with or without the consent of the victim's parents, and will then immediately notify the victim's parents of the information in its possession and the report made in compliance with its legal obligations.
• If the alleged perpetrators are not relatives of the minor victim, the school will forward the written report for further handling, with or without the consent of the victim's parents, and will then immediately inform the victim's parents of the report made to the competent authorities in compliance with its legal obligations. The case where a teacher working in the same school as the victim is involved in the incident is not exempt from the above procedures.
• If the alleged perpetrators are minors, not relatives of the victim and students at the same school, the written report will be forwarded by the school to the competent authorities and the parents of both the victim and the alleged perpetrators will thereafter be notified accordingly.
• In case students from other schools are involved, the Management of the victim’s school must forward the written report to the competent authorities and, at the same time, immediately notify the Management of the schools of the alleged perpetrators to take further actions and assume their responsibility for their juvenile perpetrators-students.

For any additional information, you can contact your school’s Educational Psychologist, who works for the Educational Psychology Service of the Ministry of Education and Culture.

Telephone numbers of the District Service Offices

• Nicosia 22800806
• Limassol/Pafos 25822850
• Larnaca/Famagusta 24821363