online child sex exploitation sexting and grooming

UNIVERSITY OF DERBY, COMPUTER FORENSICS AND INVESTIGATION,

BSC (HONS)

Online Child Sex

ExploitationSexting and Grooming

Aisha Raja 2014

This research document reviews the ways in which the internet is

being used in relation to child sex exploitation specifically Sexting

and Grooming. It will evaluate what measures are in place protecting

children and what could be done to further prevent children becoming

victims in the future.

ContentsAcknowledgment..............................................................3

Abbreviations...............................................................4

Abstract....................................................................5

Introduction................................................................7

Chapter One: Child sexual Exploitation.....................................8

Investigating Child Sex Exploitation......................................9

Chapter Two: Sexting and grooming..........................................11

The Problem of Sexting...................................................13

Dealing with sexting.....................................................15

Chapter Three: Online Grooming.............................................18

Where and How Grooming Occurs............................................18

Grooming cases...........................................................20

Grooming Statistics......................................................21

Chapter Four: Legal System and the Victims.................................22

Current Laws and Practices...............................................23

Conclusion.................................................................25

Hypothesis.................................................................28

Works Cited................................................................30

Bibliography...............................................................35

Acknowledgment

There is one person who has been my rock throughout my time at

University and all through every aspect of my life, this is my Sister.

I am truly honoured and privileged to have such a wonderful woman in

my life. She has not only been there for me when all seemed hopeless,

but has also been there as a point of strength and encouragement for

me from start to finish. I am truly indebted to her.

To my daughters who have endured my tears and happiness throughout

this process, who have stood by me and encouraged me, offering their

first hand experiences as teenage girls growing up in a technological

era. I love you both eternally and am proud to have wonderful and

intelligent daughters.

Special thanks go to my youngest daughter. Her steadfast ability to

not only motivate me to complete this paper, but also her excellent

proof reading and research skills aided me invaluably. If not for her

dedication and support this paper would have not been completed to

such a standard. Thank you so much darling.

I would like to offer a huge thank you to my friend and esteemed noble

Nathalie. Without her outstanding support and skills, I may have never

regained my perseverance to conclude this paper and certainly not with

such quality.

My dissertation manager Jo Drummond-Child, her knowledge and patience

have been invaluable to me. Her support in the completion of this

dissertation has seen it through to production.

A very big thank you goes in particular to Phil Lawson and all the

tech guys, who have been there over the past 7 years, not only as

friends but also for all my technical woes, of which there have been

many.

Last, but certainly not least, all those who have kindly contributed

their time and knowledge in the production of this dissertation. Many

thanks to you all!

Abbreviations

CEOP - Child Exploitation and Online Protection

CHAMS - Children's and Adolescent Mental Health Service

COPINE - Combating Paedophile Information Networks in Europe

CPS - Crown Prosecution Service

CSE - Child Sex Exploitation

IWF- Internet Watch Foundation

NSPCC - National Society for the Prevention of Cruelty to Children

NWG - UK National Working Group for Sexually Exploited Children

Ofcom - Office of Communications

SAP - Sentencing Advisory Panel

SGII - Self Generated Indecent Images

UK – United Kingdom

Abstract

Child Sex Exploitation (CSE) is by no means a new problem but one

that has been around since the dawn of man. The problem is a

protracted one, yet it is one which imagination can not over-step the

reality. Nor is it something possible to negate through our inability

to answer postulation that is in itself the problem. CSE can not be

targeted as a problem of a particular society, class or country;

rather it is a worldwide issue and present within every society in

every class in every country.

At the beginning of this dissertation, my intention was to

exemplify how the internet and digital devices were being used as a

tool by perpetrators to groom and exploit children of all ages, into

performing sexual acts for adult gratification. Moreover, how children

themselves were also using these devices to ‘sext’ one another.

Emphasis was being placed on how these acts could in some way be

monitored and ultimately be prevented from taking place in the first

instance through detection, monitoring and eventual incarceration of

those involved in committing such crimes as CSE and the creation and

distribution of child abuse images.

However, since completing this dissertation, opinions have altered

extensively; not only in reference to the requirements of what are

needed to prevent CSE, sexting and grooming, but also in relation to

the perpetrators, victims and the way in which society, law enforcers

and support services perceive and deal with these acts.

It is justifiable to suggest that the internet has certainly been a

catalyst in the ability to exploit children in many ways. Also, how

it is being used as a tool and resource to sexually exploit children,

not only by the perpetrators but by the children themselves is a

prurient apprehension of our time. This dissertation will analyse and

examine the way in which the internet is being used to conduct such

acts. Notwithstanding, online grooming, sexting and other significant

modes, there must be the consideration in terms of the current laws

surrounding online CSE. In looking at the whole situation one can

begin to build an overview regarding the preventative measures needed

and further protective measures required to ensure fewer children are

becoming victims of such exploitation, whether this be consented or

not.

As the late Nelson Mandela said; ‘Education is the most powerful weapon which

you can use to change the world.’ (good reads, 2014)

Significantly, then, the research methodology used in this

dissertation will be qualitative, based on the collection of laws and

data already surrounding this topic. Findings will include current and

ongoing research into this area which has been carried out by

organisations such as: CEOP (Child Exploitation and Online

Protection); NSPCC (National Society for the Prevention of Cruelty to

Children) amongst other respected organisations. Furthermore,

information based on my personal experience from the time spent as a

Childline Councillor will also be used.

Introduction This dissertation will endeavour to compare and contrast case

studies and victim reports. That is to say, drawing upon the

preventative measures of law enforcement agencies as well as

government and charitable organisations. Additionally, emphasis is

placed upon research to investigate the preventative measures which

are/could be used in order to tackle the problems surrounding CSE,

sexting and grooming. A definitive example may be such measures as

specialised mobile devises for children, internet service providers

(ISP) monitoring unlawful usage, better educational programs to

children, parents and child welfare organisations, as well as better

reform programs for those found guilty, or those who desire to present

themselves as having an issue with paedophilia and wish to seek help.

Therefore, on this basis, it would also be beneficial to review

how the law is keeping up with such an egregious problem and evaluate

if improvements could be made in this area. Poignantly, then a more

pertinent question would be to ask what kind of changes? As it

currently stands there are no specific laws clearly stating the

legislative stance on sexting. To my mind, the laws currently

governing this area are; Sexual Offences Act 2003, Protection of

Children Act 1978 and the Criminal Justice Act 1988. It is with a

great lassitude that we find ourselves in such a judicial quagmire

regarding the rights of children in 2014.

Chapter One : Child sexual Exploitation

Before we can understand what Child Sexual Exploitation is, we

first need to ascertain what it means. According to the UK National

Working Group for Sexually Exploited Children (NWG), the statutory

guidance definition of Child Sex Exploitation in the United Kingdom

is:

‘Sexual exploitation of children and young people under the age of 18 involves

exploitative situations, contexts and relationships where young people (or a third person

or persons) receive ‘something’ (e.g. food, accommodation, drugs, alcohol, cigarettes,

affection, gifts, money) as a result of them performing, and/or others performing on

them, sexual activities. Child sexual exploitation can occur through the use of technology

without the child’s immediate recognition; for example being persuaded to post sexual

images on the Internet/mobile phones without immediate payment or gain. In all cases,

those exploiting the child/young person have power over them by virtue of their age,

gender, intellect, physical strength and/or economic or other resources. Violence,

coercion and intimidation are common, involvement in exploitative relationships being

characterised in the main by the child or young person’s limited availability of choice

resulting from their social/economic and/or emotional vulnerability.’ (HM

Goverment, 2009)

In understanding the position of NWG, in terms of child sex

exploitation (CSE), one comes to contemplate the means by which

children are used in a sexual nature, more often than not to generate

money, power, or to place the exploiter into a certain class giving

them an assured status. A subsection of CSE is Sexting and Grooming.

NSPCC states that sexting can in itself be broken down into

subcategories such as ‘Camming’, where in sexual acts take place via

live video over an internet connection, ‘Revenge Porn’, a term used

for photographs or video footage uploaded to the internet without the

subject's permission and usually without their knowledge (The Week,

2013) and ‘Cybersex’, sexual activity carried out or engaged in using

a computer. (NSPCC, 2014) That said, any act that involves visually

depicting a child classed as a minor, engaging in a sexual act is

deemed to be CSE. (Sexual Offences Act 2003 c. 42. Indecent

photographs of children. s46)

The computer misuse Act 1990, governs those who use their digital

devises in order to commit crimes. This gives rise to the nature in

which computers, digital devices and more importantly the internet has

become a big part of everyday life for most people, especially over

the past two decades. Mobile phones have developed into mini

computers in our pockets, so much so and with such success that many

people no longer need their computers, they only require an up-to-date

smart phone. This mobility of communication leads us to consider

further ways in which children can and do become victims of CSE.

Predominately groomers now have the access to sit within view of the

child they are grooming, while staying connected to them via their

mobile devices, all the while the child may never know of the

perpetrators presence. Likewise, increasingly chat hosts are

incorporating location tracking. A child can easily be located if they

fail to disable this function on their mobile device. Coupled

together, a child’s mobile device can lead them to be placed in a

vulnerable state, without the child even realising its own

vulnerability.

It is in a report conducted by CEOP, where it was announced they

received 8,000 reports of indecent images of children being shared

during 2013. The irreducible specificity that included 70,000 still

images and video media, (CEOP, 2013) along with the report by, The

Office of National Statistics who recorded that in 2013, 36 million

adults in the UK were accessing the internet on a daily basis. This

equates to 73% of the population. (Office for National Statistics,

2013) Imagination can not over-step the reality in terms of the

enormity in recognising the real and apparent issue at hand. In order

for these images to have been produced, a child must have been abused.

Investigating Child Sex Exploitation

When investigating such crimes as CSE, investigators may locate

files and data on the computer’s hard drive or other digital storage

units containing valuable information regarding the user’s actions and

behaviour, which may offer prosecutors meaningful forensic evidence

and aid in prosecution. However, proving who was inputting or

receiving the information on said device can still be complicated to

prove and have seen many cases collapse. (Shinder, 2011) Such as in

the case of Constable Brian Stevens who was Jessica Chapman’s family

liaison officer during the investigation of her murder. Constable

Brian Stevens was charged with possession of indecent images after

data was found on his personal computer. However, since Constable

Stevens offered an alibi regarding his whereabouts at the time the

images were viewed and/or attained, coupled with a catalogue of errors

in relation to the computer forensic expert hired by the Crown

Prosecution Service, this case fell apart. Cases such as these

highlight the significance that computer forensics plays in the

detection and prosecution of CSE related crimes. Again we find

ourselves addressing a particular lacuna in the law surrounding the

digital age we live in.

Over the past two decades CSE has become prevailing in our society.

This could be factored to the ways in which the media such as

television and news press chooses to cover such cases. However, it

could be due to the ease at which indecent images of children can be

taken and shared via the internet and mobile devices. Together with

children’s increased willingness to take indecent images and share

them, data can now be distributed via the internet and children are

more than happy to provide said images as it becomes a social norm to

do so. (Greer, 2014)

Society, which includes the victims themselves, are becoming more

aware of the importance of reporting such acts; likewise law

enforcement agencies are better prepared to deal with such cases. In

turn feedback and reports are aiding child protection teams to put

improved measures into place which in turn may further discourage

online predators in the future. One instance of these measures is

that of the ‘Underwear Rule’. The concept was devised by NSPCC amidst

the allegations made during the Jimmy Saville case. Simply, it is a

means by which adults can teach children about sexual privacy: ‘if it

is covered by your underwear it is private to you’. The slogan PANTS

is used to represent: Privates are private, Always remember your body

belongs to you, No means no, Talk about secrets that upset you, Speak

up, someone can help. Although In the case of Jimmy Saville, no

charges will be brought upon him, as he would not be able to defend

any charges. Looking into the case and how the system failed, can

offer an insight into how to get it right in the future, preventing a

case like this reoccurring.

Since the coverage of the historic case of the late Jimmy Saville

and other high profile arrests amidst operation YewTree, which

involved investigations into historic sexual abuse of both children

and young adults, those among others, Rolf Harris, Stuart Hall and Max

Clifford, who have all subsequently been charged and sentenced in

relation to sexual abuse carried out decades ago. It is following

these and other high profile cases that the topic of CSE has become

more widely discussed and extensively investigated. (CEOP, 2013)

Although much has been learned from these cases, it is my belief that

much still needs to be considered before we can protect more children

who are still becoming victims unnecessarily.

Chapter Two: Sexting and grooming

Although still predominantly based on mobile devices to attempt to

ensure privacy, sexting has evolved and is now a widely practiced act,

especially among teenagers and young adults. The act of sexting is the

act of sending sexual messages, written, live or recorded (i.e. video)

which depicts sexual content. This ranges from descriptive writing of

a sexual nature through to pictures, video of penetrative sexual acts,

self-masturbation and all sexual matters in-between. (Bourne, 2014)

Sexting can be accomplished in many ways using applications such as;

Skype video chat, also known as “Camming”, MMS messenger, e-mail, text

message, YouTube, or via social networking website such as Facebook.

(CEOP, 2012)

A study carried out by UK Safer Internet Centre and Plymouth

University, which engaged with one hundred and twenty 13-14 year olds

and thirty 10-11 year olds concluded that, 13 and 14 year olds

consider sexting to be a routine act to partake in. It was suggested

that 40% of 14 to 16years old said they or their friends had received

an explicit message. They also concluded that young people are mostly

unwilling to seek adult help in relation to sexting due to the fear of

being judged. Having said that the consensus between young people is

that, information relating to pornography and Self Generated Indecent

Images (SGII) should be taught in schools. (Phippen, 2012) Although

many organisations are now working with the education systems in order

to bring awareness to this problem, there is still much improvement

needed in this approach. Many children and adults are still unaware of

how best to use the technology they have, moreover sex education,

including the dangers presented online and on mobile devices, should

be made compulsory in order to ensure the message is getting to those

who need it the most. Many cultural and religious communities living

worldwide are still unwilling to allow their children to be educated

in regards to sex. This lack of knowledge only serves to place the

child at a disadvantage. This in turn can be used as a means by which

sexual predators can use to their advantage, leaving children

vulnerable to attack.

The earliest known printed description of Sexting was that made by

Yvonne Roberts in 2005 in her publication, “The One and Only”, Sunday

Telegraph, 2005. (Adams, 2010) Yvonne Roberts brought together the

words “Sex” and “texting” to create the word sexting to symbolise the

sending of sexual messages via text message. (Adams, 2010) Since 2005,

Yvonne has written much on the subject of sexting and in 2014 wrote an

article in the Guardian, where she once again highlights the ongoing

issues surrounding sexting and our overall inability to control the

situation. Within her article she refers to sexting as being, “a

modernised version of playing doctors and nurses”. (Roberts, 2014)

This statement really can be pondered on as the age of; “you show me

yours and I’ll show you mine” truly has progressed. Some may say ‘it’s

all just a bit of harmless fun, a couple of teenagers in “love” are

sending semi naked or naked pictures of themselves over their

electronic devices’. Is this really the best way for children to

discover each other in a sexual manner? Others may view that sexting

is an evolution from what would have ordinarily been held behind the

“bike sheds” years previously. However, when it was behind the bike

sheds, had the question arose to get a camera out and take pictures,

would the offer to show still have been available?

There is not just one way to ‘sext’ and there is far from one

reason why one would feel the need to ‘sext’. Some may ‘sext’ as a

means of flirting between boyfriend and girlfriend or lovers; others

may send ‘sext’ in order to gain attention from many. The worst case

scenario would be sending indecent images under duress. Thankfully

Sexting is still predominantly practiced between consenting

participants who are known to one another. If however, children are

sending indecent images in a grooming situation, the social acceptance

changes dramatically. Groomers are now using sexting as a tool of

coercion to not only gain sexual images of their victims but to then

use those images as a means of blackmail or intimidation.

Although not true of all cases, many cases of grooming incorporate

the request for the child or children to send indecent images; this

then falls under the realms of Sexting but also under the category of

child abuse images. (Sexual Offences Act 2003, 2003) The standard

terminology used to define Sexting is “Self Generated Indecent

Images”. (SGII) (CEOP, 2012) The act of Sexting can inadvertently lead

to grooming, it is this close relationship between these acts where

the decision was made to incorporate both Sexting and grooming into

this study, to highlight not only the dangers that predators pose upon

our children but also the dangers that our children pose upon

themselves.

The internet can be used as a very powerful tool with much

expediency; one could be for the resource of educational knowledge,

another could be as a means of manipulation by adults toward children

for sexual gratification. CSE can lead to mixed feelings of affection,

fear, anxiety and much more besides. While working for Childline, it

became very apparent that many of the children felt obligated in some

way towards their abuser, while at the same time knowing that what was

happening to them was wrong. It is this entrapment and inability to

deal with the situation which may lead many children into an array of

mixed feelings regarding their situation. The grooming process can

sometimes end up taking president in a child’s life, often during a

time when they feel most vulnerable due to age, social upbringing,

hormonal changes, family or social disintegration. This mix of

feelings and inability to deal with the situation, can not only be

perilous for the child in question but can also on the other hand be

very alluring to some children, which in turn can be just as adverse

if not more so. This allurement can lead the child to feelings of

acceptance towards the abuse they are suffering and in some cases vie

on the side of their abuser over their family and friends or others

offering support .

The Problem of Sexting

More children are now Sexting and ‘Camming’ from their own digital

devices and have the freedom to do this wherever and whenever they see

fit. In the UK today children younger than 5 years old are being given

unsupervised access to many digital devices. (Holloway, 2013) Ofcom

have a duty of responsibility under the Communications Act 2003 s14

(6) (a), to research the promotion of media and report on their

findings. Based on a number of “Children’s Media Literacy Audits”,

(Ofcom, 2012) Ofcom gained information regarding children aged 5 to 15

years. It was reported in 2012 that; Children aged 12 to 15 years,

spent the most time online, equating to 17.1 hours per week on

average, which was a rise from 2011, where children of the same age

spent 14.9 hours per week. The study goes on to state that Smartphone

ownership had also increased among children aged 5 to 15 years. In

2012 mobile phone ownership among this age group was 28%, an 8%

increase from 2011. The highest smart phone ownership was among 12 to

15 year olds, which saw a 21% increase from the previous year.

Smartphone ownership from the age of 12 years heavily outweighed non

Smartphone owners of this age group. (Ofcom, 2012) This study

highlights the prevalence at which children now have unprecedented

access to the internet and by which means.

Ofcom also referred to Facebook accounts owned by children aged

between 5 and 15 years. 22% of children aged 8 to 11 years admitted to

owning a Facebook account, with another study from 2011 showing 43% of

9 to 12 year olds in the UK, admitted to having a Facebook account,

although this figure may be much higher. (BBC, 2011)This is despite

Facebook having an age restriction of 13 years and over. It goes on to

highlight that 80% of children between 12 and 15 in the UK owned a

Facebook account and on average had 286 friends associated with their

accounts. These “friends” could be anyone from a school friend or

family member, through to a complete stranger. 81% of children between

8 and 11 years and 93% of children between 12 and 15 years said they

felt more confident online. It is due to this heightened confidence

levels, which allow children to converse with strangers more easily

and candidly. (Ofcom, 2012)

Statistics show that many parents believe their children know more

about how to use a computer than they do. (Reisinger, 2011) Parents

also consider that having trust for their child and supervising them

is sufficient to not having parental controls in place. Many parents

of children aged 5 to 11 years said they did not need to install

parental controls as the felt they adequately monitored their child,

whereas parents of 12 to 15 years said they would trust their child.

(Ofcom, 2012) This often means that parents and careers awareness to

the need for parental controllers, coupled with their own

understanding of the capabilities of such controls and to the danger

their children face on-line, means they are not always aware anything

needs to be done to prevent this harm. This is certainly more

prevalent in parents who themselves have limited knowledge of

technology. (Ofcom, 2012)

NSPCC have many resources and regularly amalgamate with educational

authorities on teaching children regarding sexting and wider sexual

issues. Part of the NSPCCs stance when informing children of the

dangers of sexting is that, ‘if you would not want your parents,

teachers or friends to see it, even if you trust the person, then do

not send it over the internet’. (NSPCC, 2014) Once an image or message

is sent via digital media, it is extremely difficult if not impossible

to retract that data. Moreover, once sent, the sender has no further

control of what happens to the image. IWF (Internet Watch Foundation)

have come together with CEOP and UK police forces in order to

facilitate the removal of extreme indecent images from the internet

and servers (IWF, 2014). However this removal is only subject to

extreme cases. For those wishing to remove a topless picture of

oneself from the internet, this course of action would not be

available. Some have been successful in removing images by applying

directly to the owner of the server it was found on. On the whole many

images distributed via the internet may never be found by the subject

within the image, so therefore would not be indicated as needing to be

removed. For most people attempting to retract any digital image, the

process ends up being a futile one and the images will remain on the

internet indefinitely.

On the one hand children may be willing to send these images and

messages to one another, and as mentioned it could seem like harmless

fun associated to the natural process of sexual development. However,

should the relationship between the sender and recipient change at a

later date, would those images still be in trusted hands? This is a

question that will regularly go unanswered at the time of pressing the

send key. Sadly all too often these messages and images are later

being used as a means of what has become known as, ‘Revenge Porn’.

This more often than not is when what would ordinarily have been

private and intimate images, meant only to be viewed by the person it

was sent to, later appears elsewhere on the internet of via text

messages for all to see. This is just one way in which consented

sexting can become problematic.

One of the most highlighted cases of what can happen when sexting

goes wrong is the story of the Canadian teenager, Amanda Todd. After

meeting an anonymous male via Facebook, Amanda was groomed by this man

over a period of one year before being persuaded by him into taking

pictures of her topless and sending them to him on Facebook. Following

this, the groomer distributed Amanda’s naked picture to her friends

and family via social media. After police alerted Amanda and her

family to what had occurred, Amanda fell into a spiral of depression

and anxiety, turning to drugs, alcohol and promiscuous sex for

comfort. Amanda made an emotional video on YouTube, days before taking

her own life, highlighting the traumas her groomer had put her

through. So is sexting harmless fun or a misunderstood act of risk

taking which in the worst case scenario could lead to death? Certainly

in the case of Amanda Todd, her story portrays just how bad sexting

can become and that it can lead to feelings of such despair that

suicide seems to be the only escape.

Obviously not all cases of sexting will become so problematic,

however allowing our children to not only run this risk but to

facilitate allowing them to ‘sext’ is not only pertinent of our care

upon them but also shortcoming in our duties as adults as well as

questionable within the law.

Dealing with sexting

First we need to ask, whose responsibility is it to deal with the

issue of Sexting? Sexting is a social issue, which anyone can not only

participate in but become victim to if they do partake. Parents,

carers and teachers would usually be the first people in a child’s

life to notice any significant changes regarding the child’s behaviour

or demeanour. Unfortunately these changes are often attributed to

normal adolescent development, so, much of the time will be missed

until it is too late and we are only able to look back in hindsight.

However, hindsight is where we can begin to learn. In monitoring what

we missed in the past and implementing that into a check system,

asking the right questions and looking out for changes in children, it

may be possible to devise a quick and simple check box system that

both parents and teachers can use as warning signs to alert them to

the possibility of requiring a referral to a more specialist team.

Certainly more research needs to be put in place in order to

implement a strategy of prevention that can be used when an adult

believes a child may be a possible victim of CSE. Since the children

are often unaware of the dangers they are placing themselves in, this

includes the possibility of the child not disclosing full information,

if indeed they were asked about their on-line and mobile activities.

This can sometimes place adults in a situation where they simply are

not provided with enough information which to act upon. It is for this

reason better education and research needs to be implemented to alert

children to these dangers in the first instance. Accessible resources

and constantly reiterated knowledge need to be available to children

and carers. This will offer both child and carer better opportunity of

prevention.

Many websites already use word monitoring to block certain words

from being used on their sites. Club Penguins, a popular child’s

social networking and games site for instance, will not allow the

child to type swearwords or use inappropriate language between one

another. Why then can we not channel this technology into mobile

devices in order to block certain messages, keywords or even monitor

picture transfers in order to protect our children from sexting and

grooming?

In developing phones that are age appropriate, will allow parents

the opportunity to make the choice to give a child a phone that has

been purposely blocked to the dangers on-line or telephonically,

without fully restricting the internet completely, or to continue to

allow open access. Phones could come with parental settings pre-loaded

onto the start up menu of the device, such as; Norton, DNS Angle,

Bitdefender, KuruPira Web Filter or Windows Live Family to mention a

few. (Williams, 2013) These could then be set up at the time of

preparing the phone for first use. These settings could be linked to

the parent’s phone or email address, allowing reports to be sent

directly to them. Many parents are just not tech savvy enough to

install them independently. Parental controls also require a level of

monitoring, whereas if the mobile device was simply unable to access

certain areas, or blocked what it thought to be inappropriate, then

carers and children alike could go about their day with much less fear

of intrusion via their mobile devices.

The company “1stFone” is the first of its kind to have brought out

a child friendly mobile phone. The phone is currently fitted with a

number of large buttons which the parent or carers can pre set to call

certain numbers. The phone is suitable for children between 3 and 7

years of age, but has also had interest from families with disabled

children due to its ease of use. At present the phone does not support

internet access. Granted this would not be what a teenager would

choose, but is moving forward in highlighting that children do use

phones and there is a market for child friendly phones to be made

available. Such technology may even find a place among the elderly

members of our society also.

Ann Coffey MP for Stockport has made several attempts to appeal for

change in legislation relating to the matters of sexting and grooming.

She has called upon mobile phone companies to take a greater stance in

child safety and its relevance to mobile phone use, by asking them to

have greater responsibility in such things as awareness advertising

and education on the matters relating to sexting and grooming. Ms

Coffey states that; in Manchester alone two schools every week are

turning to online safety groups in order to seek help and support

regarding incidents of sexting. She goes on to makes a valid point

stating that children want to push the boundaries when they are most

socially and sexually aware and that they want to experiment and make

their own way into independence. However with the current technology

the risk children are putting themselves into poses real danger and

real threat to their well being. (Parliament.uk, 2012)

Sexting is not just an issue between teenagers; primary schools are

becoming more prevalent in reporting cases of Sexting within their

children. This equates to children under the age of 11 years old

taking, sending or receiving indecent images of oneself or receiving

indecent images of others.

In my mind and from my experience, sexting is a real issue that

society is just not taking seriously enough. The age and prevalence at

which children are now sexting, is getting out of control and needs to

be addressed as a matter of urgency. More awareness throughout society

needs to be had in order for us to focus on rectifying these issues.

Chapter Three: Online Grooming

There are a number of methods groomers use in order to groom

children. Some will work very quickly; others may take their time

sometimes grooming children over a number of years. (CEOP, 2012) Often

the relationship between the groomer and the child will be formed

purely online in the first instance. Groomer’s often send fictional

pictures of themselves to their victims to mask their age or gender,

while their victim’s often reply with factual images. Once the groomer

has attained the child’s trust they may attempt to infiltrate the

child’s security network. This may be through separation from family

and friends or via penetration of their technical security by means of

attaining passwords, personal information or via social networking

sites. These methods of collecting data on the child is also known as

“doxing” which is when personal information on the subject is

collected and used by the groomer to build an over view on the child’s

personal situation and circumstance. Predators build on this

information then assemble the data received like a jigsaw puzzle.

Groomers will then use this information to isolate the child from

their normal surroundings or to blackmail children into sending sexual

images, which they would ordinarily be unwilling to reveal. This kind

of grooming is classed as non contact sexual abuse. The ways in which

non contact sexual abuse and physical sexual abuse are accomplished by

groomers is very similar and follows a pattern of manipulation,

persuasion and threats to get the child to comply. (CEOP, 2012) Male

groomers may also pose as a female child to gain the trust of their

victims and vice versa, as in the case of Alicia Kozakiewicz (Schultz,

2009) whose groomer and eventual abductor, posed as a 14 year old girl to

attain her trust. In some cases groomers even go as far as to pay other

children to befriend their victims in order to groom them. Such as in the

Rochdale Grooming case which saw numerous teenage girls being groomed,

sexually abused and trafficked by a number of men in and around Rochdale,

England. (QC, justice response to child sexual abuse: time for anational consensus, 2013)

Where and How Grooming Occurs

The internet has provided a platform for users to become “keyboard

warriors” and has created a virtual world where we can be whatever and

whoever we wish to be. This virtual world can be difficult for an

adult to navigate, for a child the internet can be an even more

daunting experience at times. A child’s naivety and willingness to

please or be pleased will often outweigh all other senses when it

comes to acting in ways they know to be wrong.

Adults will often get their children digital devices to aid them in

their studies, or to keep in touch with friends, ensuring they can be

socially active without leaving the relative safety of their own

homes. Girls are more likely than boys to have a negative sexual

encounter while online, with a 23% vs. 10% ratio, making the dangers

very real. (Ofcom, 2012) Parents and carers often worry about letting

their children out onto the street, just in case they fall prey to

some kind of harm. However, the same harm we are protecting children

from in the real world is lurking in their digital devices and this

harm is there 24/7. (Metropolitan Police Service, 2014)

The chances of your child being dragged into a car and led to a

life of doom, is less likely than your child being approached by an

online predator. In the real world most men do not walk around with

their genitals on show, in this virtual world, easy to access sex

sites are just a click away and viewing male and female genitalia is

easy. Here you can browse page after page of inappropriate content

including sexual activities taking place live, many of which are

interactive. A child can chat and interact with these people as they

see fit, they can do it while adults are in the house just behind a

closed door. This ability to be in secure surroundings with

familiarity, gives children a false sense of security leading them to

do things they would not otherwise do face to face. (Metropolitan

Police Service, 2014) Children have a natural fascination with sex and

their own sexuality, especially around the time of puberty, which

seems to be getting apparent much earlier than many would expect. It

is this natural curiosity that will lead children to these sites.

Online chatting using mobile digital devices and computers has

become more popular over the past decade and for children it has

become a way of life. However, online predators will infiltrate chat

sites, such as Facebook, MSN and OMEGLE as well as mobile chat such as

BBM, (Blackberry Messenger) KiK and WhatsApp, using these in order to

groom children. Many social networking sites now have restrictions as

to the age at which a user can become a member. (Facebook, 2013)

Facebook has an age restriction of 13 years, however as we have

already seen, many children under the age of 13 have Facebook

accounts. Likewise OMEGLE has an age limit 13 years, but upon

accessing this live chat and live video medium, there is an area on

the front page that gives the user direct and unlimited access to the

18+ area. (Omegle, 2014) Upon entering the 18+ area it is instantly

clear to see that many of the users are under 18 and the context of

the site is extremely sexual in nature, with many users displaying

varying grades of nudity and performing sexual act such as

masturbation and penetrative sex. An obvious lack of monitoring is

present on this site, due to the fact that children as young as 12 and

possibly younger are interacting via live webcam with adult strangers.

Unlike Facebook, which has fairly stringent monitoring guidelines,

open chat sites likened to OMEGLE, tend to be preferred by online

predators due to the lack of monitoring. (NSPCC, 2014) It is

children’s natural curiosity that will often bring them to such sites

as OMEGLE, and it is this same curiosity that leads them to believe

that sexting is normal. Some do not even believe what they are doing

is sexting at all.

With sites such as OMEGLE displaying such outward exhibits of

sexual activity, which are being accessed by children so readily, it

leaves us wondering why sites such as this have not yet been closed.

It is important that we overcome the laws relating to freedom of

speech and expression, in order that they do not infringe on the laws

governing and protecting our children.

Predators are not just skilled in grooming children, but will often

groom family and friends of the child also. If the groomer is known to

the family, this may be achieved face to face. However, this can also

be achieved via the internet using various method of manipulation on

both the child and their carers. This can leads both the child and the

adult into a false sense of security and trust. (Laurel House, 2012)

Many predators will use false details such as age and appearance,

in order to relate better with the child. The predator may alter these

lies should an offline meeting become possible with their victim, so

as not to startle the child on first contact. If this abuse should

become physical, it is likely that the child will have been

conditioned in such a manner that, despite them believing the act to

be wrong they will participate regardless. Some children also feel an

overwhelming love for their abuser and at times believe that it is

themselves that want a sexual relationship to occur. Other victims may

have been blackmailed into a physical relationship, being led to

believe that if they do not comply with the wishes of their abuser

that something terrible will happen. (CEOP, 2013) It is due to this

grooming process that many children not only feel obligated to comply

with their abusers requests, but much of the time are not even aware

they are being abused. (Laurel House, 2012)

Grooming cases

In November 2006 Adrian Ringland, 36, from Ilkeston Derbyshire, was

sentenced to 10 years in prison after using his computer to send

Trojan viruses to teenage girls computers between the age of 13 and 16

years, which would enable him to remotely take control of their

systems. Ringland would tell the girls he was sending them a picture

of himself, but when they opened it the Trojan would allow him to take

control of their computer remotely. He would then use this control to

blackmail the girls into sending him naked pictures. Police were

alerted after a Canadian girl, Ringland was grooming, complained to

her parents. He was tracked and after his first court appearance, and

was ordered not to have any computers at his home address during the

police investigation. However, during the investigation police called

back to his address to find that a 14 year old girl he had been

grooming regularly was in his bed. Ringland pleaded guilty to three

counts of blackmail, six counts of making indecent photographs of

children, two counts under the Computer Misuse Act (unauthorised

modification of computer material) and one count of indecency with a

child. (The Crown Prosecution Service, 2006)

(Cowan, 2006) During sentencing, Russell Tyner, Crown Prosecution

Service stated:

"Adrian Ringland is a sexual predator who employed high tech methods to control and

victimise adolescent girls. By invading their homes through their computers, he was able

to instil such fear and alarm that his victims felt helpless to resist his sinister threats and

sexual demands”. (The Crown Prosecution Service, 2006)

Grooming Statistics

Recent studies carried out by CEOP show that in 2012, 1145 reports

of online grooming were received, of which 7% were in relation to

attempts made to meet offline with a child. This equates to

approximately 80 children. (CEOP, 2013) Figures also show that this

was a dramatic drop from 2011 wherein 12% of children were approached

to meet offline. (CEOP, 2013)

Despite this decline in figures, statistics show that in 2011, 91%

of children in the UK had access to the internet at home, equating to

approximately 10.5 million children. (CEOP, 2013) With 11.6 million

children under the age of 16 residing in the UK and 10.5 million under

16s having access to the internet from home, even if only 1% were to

be targeted, this would still leave a potential of 105.6 thousand

children being susceptible to grooming and possible physical sexual

assault. Put into context, this seems a small number in relation to

the population; however, it equates to a great number of children

being left vulnerable to potential online grooming or physical abuse.

Children are not always groomed by those residing in the child’s

country. (CEOP, 2013) In 2010 CEOP launched an investigation named,

Operation Hattie. This was in response to the growing number of

reports being received in relation to online grooming. The

investigation took twenty months to complete and spanned twelve

countries worldwide. In December 2012 it was found that two brothers,

resident of Kuwait, had targeted 110 children worldwide for online

grooming. 78 of these children were UK residents. The brothers had

encouraged these children to perform sexual acts online. Fortunately

there was no evidence to suggest the brothers had met with any of

their victims. Finally in 2012 and as a direct result of Operation

Hattie, the brothers were convicted. (CEOP, 2013)

Chapter Four: Legal System and the Victims

Keir Starmer QC, former director of public prosecutions, is an avid

participant when it comes to seeking out the rights of victims of

sexual abuse, both in children and adults. In recent years he has

fought tirelessly to see changes in how our judicial system deals with

victims of sexual crimes as well is how perpetrators are dealt with in

accordance with their crimes. His most recent actions are to advise

the Labour Party through the newly elected task force called ‘Victims’

Taskforce’ which will endeavour to tackle the issues of victim rights

and the Law as well as making it mandatory for those working with

children to report suspicion of sexual abuse. (LabourPress, 2013)

One fundamental point that Keir Starmer QC makes is that of how

victims of sexual crimes are handled. Currently the process of

reporting the crime, through to reliving it in a court situation, to

the possibility of having to come face-to-face with your abuser can

and often do put victims off reporting a crime in the first instance,

not only for the trauma that this can cause in its own right but

through fears such as not being believed; as in the case of Frances

Andrade, 59. Mrs Andrade took her own life during a court hearing

while testifying against her former music teacher Michael Brewer,

having sexually abused her as a teenager. Mrs Andrade was denied

psychiatric support during her hearing, through fear that it would

distort her testimony. Before the case came to a conclusion, Mrs

Andrade was questioned by Mr Brewers’ Solicitor in regards to her

validity and the question of her truthfulness relating to the

allegation. This was too much for Mrs Andrade to take and she

committed suicide days before the verdict was announced. This goes to

highlight how the judicial system can simply become unbearable for

some victims. (Walker, 2013)

We also need to consider how the CPS may handle the case. If it is

believed that the victim lacks credibility as a witness, due to

alcohol, drug use or the fact they returned voluntarily to their

abuser in some situations, much of the time the prosecution team will

not precede with the case in the same manner, in some circumstances

this has seen cases being dismissed completely. (QC, The criminal justice response to child sexual abuse: time for a national consensus,2013)

The system as it stands is very difficult for an adult to handle,

now put yourself in a child shoes! Let us imagine that we are that

child. Just our ability to come to the realisation and taking in the

magnitude that something wrong may have happened to us, is often too

much for a child to handle and this fear is prior to the child having

disclosed there abuse to a third party. Now imagine that you have to

replay this scenario over and over again to a number of different

adults, each time reliving what has happened. Adults find this a scary

scenario to imagine. While volunteering at Childline, I was often

faced with children disclosing their deepest secrets to me. Many only

did this as they knew it would go no further than that call. Just

being on the phone with them gave me a sense of how these children

felt about what they were facing and should they have had to go that

step further, that fear would have amplified greater.

In an ideal world once a child makes an acquisition of abuse, they

should immediately be placed with a key worker who will be there for

them from start to finish and act as their voice in all circumstances.

However in the real world, this is not yet available. The child may

speak to one or many social workers, specialist police, solicitors,

CHAMS, (Children's and Adolescent Mental Health Service) teachers,

therapists, parents and the list goes on. In making our legal system

more approachable to victims of sexual crime, may in itself see an

increase in victims coming forward to report such crimes.

Current Laws and Practices

One of the main concerns the legal system faces when it comes to

sexting, is that of the age and the nature of how the sender of the

‘sext’ is being depicted. In accordance with the Protection of

Children Act 1978 and the Criminal Justice Act 1988, when children are

sending naked or semi naked pictures of themselves to others, this

falls under the realms of Child Abuse Images. Anyone under the age of

18 who engages in sexting by means of creating sexually explicit

photos or video have potentially created an image of child abuse.

Should they send such images to a third party, this would be deemed as

distribution of a child abuse image, furthermore the recipient would

then be deemed to be in possession of a child abuse image. (Childnet

International, 2014) However, currently there is no definitive law

governing the act of Sexting.

Law enforcement agencies across the UK now use a classification

process called the “COPINE” (Combating Paedophile Information Networks

in Europe) and “SAP” (Sentencing Advisory Panel) scale which was

developed at the University of Cork in the late 1990s. The scales are

used to monitor and class the illegal images of children that are

received by enforcement agencies. This allows the agencies to classify

images in levels relating to the seriousness of said images. It also

allows the agencies to quickly match similar images to those already

stored on the database. (fighting for kids, 2014)

Sentencing offender’s courts use the SAP scale which was taken from

the original COPINE scale, as a guide to the severity of misconduct.

These set out a protocol for the acts involved; however, further

classification is also used to determine the age of the person or

persons within the image(s). Further classification is required for

children under the age of 13 years, children aged 13 to 15 years and

children aged 16 to 17 years. (fighting for kids, 2014) In the case of

Sexting, no person under the age of 18 in the UK has yet been

prosecuted for distributing child Sex abuse images taken via SGII.

In regards to Sexting, the question of content should be considered

in any case. There have been cases in the past such as that of Brooke

Shields. (Shields vs Gross, 1983)When Miss Shields was 10 years old a

controversial picture was taken of her posing naked in the bathtub.

Years later Miss Shields launched a court case against Mr Gross in

relation to the rights of ownership of the picture, which she failed

to win rights to. (Revoir, 2009)

In UK law, consent is defined as;

‘If a person ‘agrees by choice and has the freedom and capacity to make that choice’.’The

laws of each UK country also allow for a range of circumstances which may affect a

person’s capacity to freely consent, such as when they are asleep or have been subject to

threats or violence.” (Sexual Offences Act 2003, 2003)

The law surrounding at what age a child is able to consent to a

photograph being taken is very vague in UK law. The law surrounding

child abuse images however is slightly clearer. What the courts need

to decide is, whether or not a picture of naked child is deemed to be

child abuse. (Victoria Leagal Aid, 2014)

Despite there being numerous laws protecting our children from sex

crimes, there is still much room for improvement in relation to

sexting. Child Abuse Images and CSE including online grooming are

illegal throughout most of the world. However, it still occurs on an

enormous scale. Recently The Telegraph newspaper covered a story

relating to a legal loophole concerning grooming. It was found that

despite the act being deemed illegal, people could still prepare and

distribute documents and manuals on how to groom children affectively.

Just like manuals on how to build bombs has now become illegal under

the reformed “Terrorism Act 2002”, government leaders are also looking

towards ensuring documents relating to child sexual acts are also

outlawed. Under the “Coroners and Justice Act 2009 s62” (Coroners and

Justice Act 2009, 2009), it is illegal to possess images of Child Sex

Abuse. However, it is not yet illegal to distribute manuals online of

how to carry out grooming and other CSE acts. Prime minister, Mr David

Cameron is reported to have stated:

‘It’s completely unacceptable that there’s a loophole in the law which allows paedophiles

to write and distribute these disgusting documents.’ ‘I want to ensure we do everything

we can to protect children — and that's why I’m making them illegal.’ (Hope, 2014)

In criminalising written child abuse manuals that do not contain

images, could go some way to further limiting the ability to carry out

the act in the first instance. (Hope, 2014)

The NSPCC have highlighted the problem associated with UK laws in

relation to sexting. In 2014 the NSPCC website launched a petition,

‘Flaw in the Law’, and raising awareness to the current the issues

facing UK laws and how they are failing to protect our children. To

support their argument the NSPCC have highlighted what they call

‘crazy laws’ such as; it is illegal to handle salmon in a suspicious

circumstances, also, it is illegal to carry a plank along a pavement,

however, it is not yet illegal for an adult to send sexual messages to

a child. This clearly highlights the issues currently facing our

outdated legal systems and the laws which it upholds.

Conclusion

It seems no one really knows how best to eliminate CSE conducted

using the internet, or in real life. However, it is a topic that many

feel needs more attention and action.

Sexting is a social problem that has become out of control,

regardless of whether these images fall into the wrong hands or not.

It is my view that this problem is one that is misunderstood by both

parents and children alike and only those that have had the misfortune

to be effected by the dangers of Sexting can truly understand the

magnitude of the problem. Unfortunately by this point, the people in

question are dubious to talk about their ordeals due to the

embarrassment and humiliation that Sexting can cause. We should not be

allowing our children to take and distribute sexual explicit images

and send them via the Internet to others so candidly. With more

stringent laws governing this area of child protection, the act of

Sexting can in some way be controlled or at least monitored.

Better educational resources need to be available to both children

and their carers to fully highlight the dangers and inform them not

only on how to protect themselves but also how to monitor online

activity of their child. By implementing better educational recourses

to children, parents and child welfare organisations including

schools, much more can be done to protect our children against the

dangers of Sexting, grooming and CSE. In educating society on the

problems that could occur and providing improved recourses to those

affected can go a long way in not only preventing sexual abuse in the

first instant but in supporting those who have been abused. As Francis

Bacon said “Knowledge is Power” (Henery, 1950)

It is very difficult to monitor your child's online behaviour when

all you rely on is trust and visual monitoring of the child's computer

usage. Teenagers and young adults will often feel threatened by this

kind of monitoring and in turn rebel against it by setting up user

accounts without the knowledge of their parents or carers. One way for

parents to bypass what the child may deem as ‘spying’ could be to talk

to their children on a more personal basis to establish a trusting

relationship. The only way that this can be successful is, if the

parents are educated enough in order to speak with their children on

the matter of Sexting grooming and CSE. This only goes to reiterate

the fact that both child and carers need better educational resources

with regard to computers, digital devices and the dangers that lie

within them.

Many parents of teenagers and young adults did not grow up in a

generation where technology was readily available. It is my belief

many adults have a sense of ignorance and lack of understanding

towards computing in general. It is this ignorance and lack of

knowledge which is leading adults into a false sense of security in

believing they can monitor their child's online safety. In fact many

adults of this generation really do not understand or are even aware

of what their children get up to online. Many teachers will tell you

that, when they approach a parent regarding their child's behaviour;

the parents will often become guarded stating ‘my child is not like

that’. These further highlights the importance of awareness within

society in regards to Sexting, Grooming and CSE. Without this

awareness, preventing CSE will continue to be very difficult to

achieve.

No matter how we attempt to protect our children or methods that

are put in place, online CSE is still rife and seems to be getting

worse. With an ever increasing demand for technology to be better and

faster, giving us easier and more simplified means by which to

communicate, we may be setting the stage, inadvertently making it

easier for crimes such as these to take place. Much research is still

required in this area in order to find ways by which we can reduce CSE

significantly, with the hope of one day eradicating it for good.

Current UK legislation governing the act of Sexting, are

practically non-existent given the prevalence that children are

Sexting one another. This does not lessen the fact that if a child

sends a naked picture of themselves to another person whilst under the

age of consent, that they are partaking in sending indecent child

abuse images. If the age of consent for having sexual intercourse is

16 years old, then should there not also be an age of consent to

govern the age at which a child or young person can send consensual

images of a sexual nature? It is for this reason UK laws should be

reviewed and considered as a matter of urgency, in order to keep up

with the change in times.

With appropriate advertising and education there is a means to an

end in regards to child sex crimes, all it takes is for society to

pull together in ensuring these crimes are no longer deemed as “not

our problem”. Whether we have children or not or even if we believe it

will never happen to us, together we should stand in saying that this

crime is unacceptable.

Hypothesis

Previously in this paper we have broached on the subject of how

parents can proactively take steps to protect their children online.

Careful monitoring and using software that will block certain sites,

is a big step forward in protecting children from falling prey to

online grooming and viewing inappropriate material. However, not only

is this easier said than done, but why should we be required to feel

the need to do this in the first instance?

Many social network sites have now been set up bringing awareness

to preventing CSE. CEOP was specifically set up in order to monitor

and tackle online child abuse and now works in partnership with many

companies including; NSPCC, Microsoft, BT, Virgin Media, Crime

stoppers as well as, local, national and international police forces

to prevent CSE. CEOP have been able to collate and research much

information relating to the subject. Using a holistic approach, CEOP

builds on this knowledge to structure strategies and expertise,

constructing better ways with which to tackle child abuse both online

and off. (CEOP, 2014)

Since the devices that children are using are enabling them to

access sexual content meant specifically for adults, more attention

and emphasis needs to be placed on making it extremely difficult for

children to continue to access these areas freely. Although parental

controls can and do work, they only do so if they are set up on the

device requiring protection and are monitored. In making devices age

appropriate would overcome the issue of having to monitor online

behaviour via installable software alone. In development of age

appropriate devices, society could be one step closer to beating the

predators. If they can not reach our children then they can not fulfil

their urges to abuse them.

If software could be developed to monitor and trace online

crimes such as grooming or predatory behaviour, and implement this at

the highest level, it could be possible to use this to send reports to

lower level ISPs (Internet Service Providers), who in turn could

report the incidence or at best block the interaction at the source.

In doing so, such crimes could be quickly and easily targeted in order

to prevent an attack. (BBC, 2003) Childbase is software that was

developed in 2012 by IBM in order to provide a multi division program

capable of collecting and monitoring data. (IBM, 2013) Such software

could be developed to target certain activities across the networks

and be used on the existing infrastructures to collate reports and

further aid investigators. (IBM, 2013) If successful a capture and

treatment program could be implemented to not only catch abusers but

to then work with them to rehabilitate and treat the health issues

that led them to commit the crime in the first instance.

Another approach would be to enforce all search engines to install

search filters preventing people from viewing this data in the first

instance. The main problem here would be that many would just change

the name to something more innocent, in order to fool the filter.

However, face recognition software could be further developed to spot

indecent images or content. (BBC, 2003) If this technology was coupled

with the COPINE database, in order to register unique codes on each

picture known to be in circulation, tracing the pictures online and

removing them could become possible. This in turn would lessen the

amount of images available. In minimizing the amount of data available

to view would make it difficult for paedophiles to fulfil their

wishes. Two possible outcomes to this would be that the perpetrator

gives up, or that real world attacks become more prevalent in order to

meet supply and demand.

Finally, by enforcing greater sentences, not only upon child sex

offenders but also on children who have chosen to have underage sex,

should install greater powers leading to deterrents. In this scenario

those children who chose to break the law and have sexual

relationships before the age of consent, could be punished for doing

so. This may also go some way to preventing under age pregnancies.

Obviously if a child has been forced to have sex by means of abuse,

they would not be considered suitable for punishment. With the rate of

teenage pregnancies ever increasing, despite laws already being in

place to prevent this, perhaps more should be done to punish such law

breakers. This may in turn act as a deterrent to both the child and

the abuser. In many Far East countries, the penalty for theft is to

have your hand chopped off. By no means would a suggestion so extreme

be considered or even commended. However if an underage mother who

became pregnant by choice, were required to perform public services in

order to pay for her crime, or if those found guilty of child abuse at

any level, were to be given a much greater sentence, then this may be

enough deter them from committing the act in the first instance.

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