The Danish Parliament is expected to pass stricter legislation regarding sexual offenses against children, including the classification of “posing images” as abuse material. This legislative package aims to address the increasing prevalence of such material and ensure more severe penalties for offenders. The changes come in response to a case on the island of Bornholm, where a man received a lenient sentence for photographing children in sexualized poses.
The new laws will equate sexual posing images of minors with other forms of abuse material, making them subject to harsher penalties under section 235 of the Penal Code, the child pornography section. This means that producing, distributing, and possessing computer-generated sexual material of children will also be punishable. Furthermore, the sharing of “everyday images of people under 18 in a sexualized context” will be considered indecent exposure.
Minister of Justice Peter Hummelgaard emphasized the need for these changes, stating that the current laws primarily cover images of genitals and physical contact, but the updated definition will include material where children are posing in a sexual manner. Examples include images of children wearing lingerie or using sexual props like handcuffs.
The updated legislation also addresses the production and distribution of manipulated sexual material, including deepfake pornography, even if it is not shared. To facilitate investigations, the police will be authorized to create and share fake sexual material involving individuals under 18.
The need for stricter penalties is driven by the alarming rate at which abusive content featuring children is shared online, with approximately two images or videos being shared every second across EU countries. Save the Children has been advocating for the classification of sexual posing images as abuse material for several years.
A case from Bornholm highlighted the inadequacy of existing laws. A man who had been employed as a babysitter was convicted of indecent exposure and illegal sharing of images after photographing and filming children in “humiliating, fixated, and tied-up poses.” Despite confessing to the crimes, he received a sentence of only nine months because the children were not fully naked in the images. This case directly influenced the legal review of the new bill.
The father of one of the victims expressed his disappointment with the initial sentencing, arguing that the punishment was far too lenient considering the harm inflicted on the children. He hopes that the new legislation will prevent similar injustices in the future.
Organizations like Save the Children provide resources, such as the “AnmeldDet” service, where citizens can report abuse material. They estimated that approximately 1,468 reported images last year were posing images of the type the new law intends to address.
The Bornholm case revealed disturbing details about the perpetrator’s actions. The babysitter admitted to tying up children with rope and duct tape, wrapping them in plastic wrap, and using a “gag ball.” He then shared the images on an international website.
Although the legal changes come too late for the family from Bornholm, they are hopeful that the new laws will provide greater protection for children and ensure that offenders face appropriate consequences for their actions.