The term “child” is defined in the Law as any person under the age of eighteen (18) years.

The “age of consent” is defined in the Law as the age of seventeen (17) years. In other words, a person who is over seventeen (17), although considered a “child” under the Law, can consent to sexual acts.

The “age of consent” is the age below which engagement in sexual activities is prohibited. There are, however, certain exceptions:

• Consensual sexual activities between two children who have not reached the age of consent, but are of similar age and similar degree of psychological development or maturity, and whose activities do not involve any abuse, violence, exploitation or coercion, do not constitute a criminal offence.
• Consensual sexual activities between an adult and a child under 17, where the age difference between them does not exceed three (3) years, and whose activities do not involve any abuse, violence, exploitation or coercion, do not constitute a criminal offence.

The above exceptions do not apply in cases where any of the children involved are under the age of thirteen (13) years.

Generally speaking, the Law states that there can be no consent by a person under seventeen (17), except in cases where the above-mentioned exceptions apply and provided the child involved is over thirteen (13).

Regardless of age, consent does not apply if obtained through abuse, exploitation, violence, threat, deception, fraud, abuse of authority, or other form of coercion.

The sexual abuse of a child includes the behaviors listed in section 6 of the Law as follows:

• Causing a child under seventeen (17) to witness sexual acts, even if that child does not participate therein.
• Causing a child under seventeen (17) to witness sexual abuse or depictions of sexual abuse, even if that child does not participate therein.
• Engaging in a sexual act with a child who is under seventeen (17) (unless one of the three exceptions listed above applies).
• Coercing, using force or using threats towards a child under seventeen (17) to perform a sexual act with a third person.
• Coercing or forcing a child under seventeen (17) to engage in a sexual act with a third person.

It is important to note that, as shown above, the element of physical harm is not essential for sexual abuse to take place.

The sexual exploitation of a child includes the behaviors listed in section 7 of the Law as follows:

• Causing a child to participate in pornographic performances, recruiting the child to participate therein, profiting from a child's participation in pornographic performances or otherwise exploiting a child for such purposes.
• Coercing a child through the use of force, threats or otherwise to participate in pornographic performances.
• Knowingly attending a pornographic performance or child pornography either live or by other means.
• Causing or proposing to a child under seventeen (17), either live or by means of information or other communications technology, to participate in a pornographic performance for the purpose of this performance being attended by any person.
• Causing or recruiting a child to participate in child prostitution or otherwise exploiting a child for the purpose of gaining profit.
• Coercing a child through the use of force, threats or otherwise to participate in child prostitution.
• Performing sexual acts with a child through child prostitution.

The term “child pornography” includes the following:

• Any material depicting a child engaged in real or simulated sexual conduct.
• Any depiction of a sexual nature of a child’s sexual organs.
• Any material visually depicting a person, including a person over the age of eighteen (18), appearing to be a child, engaged in real or simulated sexual conduct.
• Any depiction of a sexual nature of the sexual organs of a person appearing to be a child, even if that person is over eighteen (18).
• Realistic images, whether real or not, of a child in which he or she is depicted engaging in sexual conduct.
• Realistic images, whether real or not, of a child's sexual organs.

It is defined as proposing to a child who is under seventeen (17), by means of information or other communications technology, to meet for the purpose of engaging in sexual activity or producing child pornography material or for the purpose of any other sexual exploitation.

Communicating, inviting or approaching a child who is under seventeen (17), by means of information or other communications technology, for the purpose of obtaining or accessing child pornography material, even if that purpose is not achieved, is also considered solicitation of the child for sexual purposes.

All the felonies related to the sexual exploitation or sexual abuse of a child carry prison sentences. Sentences range from ten (10) years of imprisonment to life imprisonment, depending on the felony and the age of the child.

In addition to the prison sentences, the Court may also, at any stage of the proceedings, impose the following additional penalties on natural or legal persons:

• Exclusion from entitlement to public benefits or aid.
• Temporary or permanent disqualification from the practice of specified commercial activities or provision of services, either directly or via a third party.
• Placing under judicial supervision or referral to the Surveillance Authority for a period of time determined by the Court.
• A judicial winding-up order.
• Temporary or permanent closure of establishments or facilities used to commit the offence.
• Prohibition of employment or termination of employment of the convicted person in places where there are children or are frequented by children.
• Prohibition of accommodation of the convicted person in the place of residence of the victim or other children or in a place neighboring either with the place of residence of the victim or other children, or with organized places where there are children or are frequented by children.
• Seizure of any object or means used for committing the offence.
• Activation of an electronic monitoring and warning system.
• Submission of a person to a diagnostic examination by a psychiatrist and/or clinical psychologist of the Mental Health Services or order for therapy by a psychiatrist or clinical psychologist of the Mental Health Services.

The Law also provides for penalties (imprisonment and fines) for persons who, although not directly related to the guilty act, have contributed to its commission.

Regardless of the offence and the age of the child, the sentence is entered in the criminal record of the person who committed the offence and cannot be struck off. When imposing the penalty, the Court may also take into consideration any previous convictions of the same person by courts of other European states.

Finally, it should be noted that, in addition to the criminal liability for the commission of the offence, the convicted person also has civil liability.

The establishment of the Supervision Authority for Persons Convicted of Sexual Offences against Minors is provided for in section 47 of the Law. The Authority has competence over persons referred to it for supervision by the Court.

It consists of representatives from various Departments and State bodies, such as the Ministry of Justice, the Cyprus Police, the Mental Health Services, the Ministry of Education and Culture and others.

The Authority has multiple responsibilities. It advises the Attorney-General's office and the Police on the necessity to file a request for additional penalty, advises interested parties on the dangerousness of persons referred to it, ensures the availability of effective programs aimed at prevention, keeps a record of all persons under its supervision, and much more.

The Law expressly excludes the following defenses:

• The fact that the accused was not aware of or did not believe that the victim of the offence was a child who has not reached the age of consent (seventeen).
• The consent of a child who has not reached the age of consent (seventeen) whether real or not.

Any person who omits to report a case coming to his or her knowledge where a child is implicated in the above-mentioned offences is guilty of an offence and is liable to imprisonment of up to fifteen (15) years or to a fine or to both such penalties.

In these cases, the fact that the person who failed to report is a teacher, an officer of the Social Welfare Services, a lawyer, a member of the Police, a health professional or another professional with related activities is considered by the Court as an aggravating circumstance.

Professional secrecy is not a defense for failing to report the offence.

Obligation of the Social Welfare Services to provide information
At their first contact with the victim or their guardian, the Social Welfare Services have a responsibility to provide all necessary information on the victim’s rights, in a language that he or she understands, (e.g. how to file a complaint, the procedures that will follow and their role as a victim in these procedures. Such information also extends to the services available for support, protection, care, etc.).

Protection from criminalization
Victims of sexual abuse and sexual exploitation are not criminally prosecuted nor subject to sanctions for their involvement in criminal activities which they have been compelled to commit.

Even if the Court does not discontinue the criminal proceedings against the victim and the victim is found guilty, no penalty or punishment is imposed.

Protection in cases of abuse within the family environment
The Court may, during or after the trial of the case, order the removal of the victim and his or her placing in a safe place under the care of the Director of Social Welfare Services, Welfare and Social Insurance, for such period as it may consider appropriate, if it deems this to be necessary for the child’s interest.

The Court may also issue an order (whether interim or not) restraining the suspect, valid for such period as it may determine. The order may contain conditions prohibiting the suspect from entering or approaching within a certain distance from the victim's home or place of residence, or even places frequented by children.

Protection of witnesses
The victim of the above-mentioned offences is considered a witness in need of protection. In such cases, the Attorney-General ensures that appropriate measures are taken to safeguard the identity and image of the victim, in order to prevent the disclosure of information that could lead to the victim’s identification. The Attorney-General also ensures that appropriate measures are taken to provide a sufficient level of protection for the victim, their family and persons equated with members of their family.

The above protection continues also after the conclusion of the criminal proceedings.

Prosecution authorities also ensure the provision of effective and appropriate protection against possible retaliation or intimidation towards any person other than the victim who reports the commission of the criminal offence, testifies regarding the commission of a criminal offence or otherwise cooperates in any way with the prosecution authorities.

The same protection as above is also enjoyed by members of organizations, foundations, associations or non-governmental organizations that carry out activities or provide assistance to victims.

Protection of child victims during the procedure
The Law provides for various procedures to assist, support and protect child victims.

Victims must be treated by the services and organizations involved with respect and dignity, recognizing their rights and legitimate interests and promoting their best interests, with due regard to their situation, age and degree of maturity.

As soon as there are reasonable grounds to believe that any of the above offences may have been committed against the victim, the Social Welfare Services must ensure the provision of assistance, support and protection to the victim.

Moreover, in the context of criminal proceedings for the above-mentioned offences, the prosecution authorities ensure the following:

• Interviews with the victim take place without unjustified delay after the facts have been reported either to the Social Welfare Services or to the prosecution authorities.
• Interviews with the victim take place, if possible, in premises designed or adapted for that purpose.
• Interviews with the victim are carried out by professionals trained for this purpose, or with their assistance, and by persons of the same sex.
• Where possible, all interviews with the victim should be conducted by the same person.
• The number of interviews with the victim is as limited as possible and interviews are carried out only where strictly necessary for the purposes of the criminal investigations and proceedings.
• The victim may be accompanied by his or her representative or, where appropriate, an adult of the child's choice, unless a reasoned Court order has been made to the contrary.

Legal advice/representation

Every victim, regardless of his or her willingness to collaborate with the prosecution authorities concerning the criminal investigation, prosecution or trial, has the right of direct access to legal advice at every stage of the procedure and, if they do not have sufficient resources, they have the right to free legal aid.

Damages
The victim has a statutory right to claim damages against any person responsible for the criminal offences committed against them as well as for violations of their human rights. The perpetrator also has a corresponding civil liability to pay special and general damages to his or her victims.

The above-mentioned general damages must be just and reasonable and in assessing them the Court takes into account the following:

• The extent of the sexual exploitation or sexual abuse and the benefit which the offender has obtained or might have obtained from his or her actions.
• The extent of the offender’s liability.
• The kinship or the position of authority or influence of the offender over his or her victim.

The Court may also, after taking into account the degree of cruelty of the sexual exploitation and abuse, together with the degree of kinship or position of authority of the offender over the victim, award punitive damages.

Finally, in case of death of the victim, the victim's parents (or the beneficiaries of the custody or the administrator of the victim's estate) have a statutory right to claim damages.

The services involved will take all appropriate measures, within the framework of their responsibilities, to assist and support victims, in the short and long term, in their physical and psychosocial recovery, following an individual assessment of the special circumstances of the child.

Furthermore, the Social Welfare Services exercise inter alia, a liaison role with other services, with a view to safeguarding the best interests of the child and, if they determine that the persons entitled to parental care are not safeguarding the best interests of the child, they take all necessary measures and carry out all the procedures required to appoint a commissioner.

Finally, the Mental Health Services, upon a referral from a competent Service, provide emergency psychological support to the victim and their family.

Obligation of competent bodies to design and implement prevention programs in accordance with the Law and obligation by law to train individuals, professionals and government officials involved in the process.

All bodies involved have an obligation to inform and train their personnel who may come or come into contact with children at all levels of prevention with the purpose, inter alia, of reducing the risks of committing the offence, identifying victims, potential victims of sexual abuse or exploitation and minimizing offenders’ recidivism.

In relation to the above, the Mental Health Services, in collaboration with other services involved, must ensure the availability of a diagnostic evaluation, appropriate therapeutic interventions and effective programs to prevent and minimize the risks of recurrence of such offences.

The Ministry of Education and Culture has an obligation to educate children, as well as educate and inform the public (parents, professionals, children, etc.)

Children in primary and secondary education must be informed about the risks of sexual exploitation and abuse as well as the means to protect themselves.

This information will be provided by the Ministry of Education and Culture, in collaboration with parents, within a more general context of information on sexuality, and particular attention must be paid to situations of risk, especially where the use of new information and communications technologies is involved.

The Ministry of Education and Culture, in collaboration with the Commissioner and other services involved, will take the following actions:

• Organize awareness campaigns in the Republic on this issue.
• Publish information leaflets.
• Ensure the information and training of the Mass Media.
• Organize campaigns and take measures to educate and raise awareness in society to discourage the demand that fosters offences of this nature.
• Take all appropriate actions, including through the internet, such as information campaigns, research and educational programs and many more, aiming to raise public awareness and reduce the risk of individuals - and especially children - becoming victims of these offences.