Understanding Sexting: Legislation, Categories, and Police Involvement

SEXTING • More information • School powers to seize and search electronic devices • When to involve the Police

Presentation Objectives: • Understand the legislation regarding indecent images and sexting • Explain sexting categorisation • Explain what agencies can do

What is sexting? Sexting is defined as:- “The exchange of sexual messages or images” and “creating, sharing and forwarding sexually suggestive or nearly nude images” through mobile phones and the internet” • by children under the age of 18; • or of children under the age of 18

Youth produced sexual images :– Pictures created by minors (age 17 or younger) that depict minors and that are or could be indecent images of children (IIOC). This would include the sending of such images by any electronic technology (e.g., phone, webcam, digital camera).

Cyberbullying:- Relates to offensive or distressing sexual images via text or email. The charity Beatbullying published research showing 38% of under-18s had received such a text with the photo circulated beyond its intended recipient to classmates, friends and even strangers Revenge Porn Revenge Porn is the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of causing embarrassment or distress. Latest research from MacAfee shows 90% of victims have suffered serious mental distress

What do the figures say? NSPCC statistics from 2013 predict:- • 60% of teenagers have been asked for a sexual image or video • 40% have created at least one • 25% have sent at least one • 15% have sent images to strangers This highlights ‘youth produced sexual images’ is increasingly a feature of adolescent relationships. It is almost becoming the norm that a young person in a relationship should share an explicit image of themselves. Of those who share images 58% send them to a boyfriend or girlfriend, a third send them to someone they know online but have never met..

What does the law say? • It is a crime to: • Take an indecent image; • Possess an indecent image; • Makean indecent image(this includes downloading or opening an image that has been sent via email); • Distribute or show such an image; • Possess images with the intention of distributing; (including pseudo images) of a person under 18 years of age.

So, what is the role of the police? NPCC - ‘As safeguarding is a focus for policing, prosecution of offenders is considered if there is a suggestion of duress, disparity of age, or exploitation. NPCC recommend that First time offenders should not usually face prosecution for such activities, instead an investigation to ensure that the young person is not at any risk and the use of established education programmes should be utilised.’ It is recommended that prosecution options are avoided, in particular the use of legislation that would attract sex offender registration.

What kind of cases define police involvement? • Sociologists David Finkelhor and Janis Wolak conducted a review of over 550 sexting cases in the US from a national survey of law enforcement agencies. All of the cases involved youth produced sexual images which they separated into two categories: Aggravating and Experimental.

So, what is Aggravating? Aggravating incidents of sexting involved criminal or abusive elements beyond the creation of an image. These included further elements, adult involvement or criminal or abusive behaviour by minors such as sexual abuse, extortion, threats, malicious conduct arising from personal conflicts, or the creation or sending or showing of images without the knowledge or against the will of the child pictured.

What is Experimental sexting? Experimental incidents of sexting involved youths taking pictures of themselves to share with established boyfriends or girlfriends, to create romantic interest in other youth, or for reasons such as attention seeking. There was no criminal element (and certainly no criminal intent) beyond the creation and sending of the images and no apparent malice or lack of willing participation.

Youth produced sexual images Experimental Aggravating Youth only Adult involved Romantic Sexual attention http://www.youtube.com/watch?v=9uJOXOAQ9Qo Is the event in this 7 minute video Aggravated or Experimental? Intent to harm Reckless misuse

What should schools do with a child’s electronic device? In a school-based context, it is highly likely that the image will have been created and potentially shared through mobile devices. It may be that the image is not on one single device: it may be on a website or on a multitude of devices; it may be on either a school-owned or personal device. The revised Education Act 2011 brought to bear significant new powers and freedoms for teachers and schools. Essentially, the Act gives schools and/or teachers the power to seize and search an electronic device if they think there is good reason for doing so.

A device can be examined, confiscated and securely stored if there is reason to believe it contains indecent images or extreme pornography. The search must be conducted by the head teacher or a person authorised by them. A member of the safeguarding team must be present and the search conducted by a member of the same sex as the child. “Experimental” conduct may be dealt with without referral to police, most particularly if it involves the child sharing images of themselves.

A person conducting the search of an electronic device may examine any data or files on the device if they think there is a good reason to do so. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files, if they think there is a good reason to do so. In determining a ‘good reason’ to examine or erase the data or files the staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or break the school rules.

So, in summary….. You can search for pornographic images including any item banned by the school rules. You must be authorised by the head teacher to search and must be the same sex as the pupil being searched. You can search without the consent of the child. You can seize anything which you have reasonable grounds for suspecting is a prohibited item or evidence of an offence. Images found on a mobile phone or other electronic device can be deleted unless it is necessary to pass them to the police. Don’t print pornographic images or move to another device. Avoid repeated disclosures from children if the incident is going to be passed to police.

Child is age 13-17 Sexts distributed without consent Sexts are consensual but show extreme acts Sexts are consensual Images not distributed / no other risk Risk assessment Higher risk or CSE concern Harm reduction (e.g. education) Low risk Contact police if there is an immediate safeguarding concern e.g. self harm, assault, abduction, going missing Refer to MASH

When might I always need to share a sexting incident with other agencies? Child is under 13 Refer to MASH MASH - First Response Team 0800 13 13 126 firstr@staffordshire.gov.uk Refer to police 101 Strategy discussion Joint investigation

Case Studies A girl, 13, sent a topless photo of herself to her boyfriend who was 14. When they broke up, the boy sent the photo to numerous friends via his mobile phone and many recipients forwarded the image to others. The school found out when one recipient told a parent. By then over 200 students had received the picture. Aggravating Youth: Intent to Harm

A Year 6 girl (aged 11) texted a photo of herself, topless, to her 12-year-old boyfriend (an ex-pupil). No physical sexual activity took place between them prior to this event on or offline. The image was discovered on the boy’s mobile phone by his mother who deleted the image and then contacted the girl’s parents. The girl’s parents approached the school for advice and the incident was reported to MASH. Experimental: Romantic

At a party where there was heavy drinking, three boys in the shallow end of a pool pulled down their swim trunks and had a “swordfight”. A girl, 17, filmed this and sent the video via her mobile to six other people. The three boys did not know she had taken the video or sent it. The video became a hot topic within the school and came to the attention of the teaching staff. The girl was charged in court. Aggravating Youth: Reckless misuse

For the Whole World to See • Sexting awareness clip written and produced by students of Burton and South Derbyshire college in conjunction with Staffordshire Safeguarding Children Board • Lucy and the boy – NSPCC animated clip about online safety • I Saw your willy – animated clip about online safety • ZipIt– free app from Childlineto give young people ‘killer comebacks’ and top tips to help them stay in control of their conversations online and avoid sending sexts • Help for parents to talk to their children about online safety – from NSPCC

Further Information/ Resources Sexting’ in schools: advice and support around self-generated imageshttp://www.kelsi.org.uk/__data/assets/pdf_file/0013/30127/Sexting-in-schools.pdf D of E Searching, screening and confiscation Advice for head teachers, school staff and governing bodies https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279245/searching_screening_confiscation_advice_feb14.pdf Staffordshire County Council Education Safeguarding Advice Service (ESAS) – 01785 895836

South West Grid for Learning -Template E-Safety Policies http://swgfl.org.uk/products-services/esafety/resources/creating-an-esafety-policy Staffordshire Safeguarding Children Board http://www.staffsscb.org.uk/Home.aspx http://www.staffsscb.org.uk/Professionals/Key-Safeguarding/e-Safety/e-Safety.aspx Staffordshire and Stoke on Trent Safeguarding Children Board Joint Esafety Policy Section 6C http://www.staffsscb.org.uk/Professionals/Procedures/Section-Six/Section-6-Further-Guidance-for-Practitioners.aspx

Understanding Sexting: Legislation, Categories, and Police Involvement