Child Pornography, Trafficking and Sexual Exploitation in the Age of Constitutionalism and Technological Advancement

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Child Pornography, Trafficking and Sexual Exploitation in the Age of Constitutionalism and Technological Advancement Introduction Sexual exploitation of children has been interpreted by the courts to mean the taking advantage of the human sexual impulse by exploiting children to serve a sexual purpose. It is given a negative connotation due to the fact that it manipulates the sexual urges of the human being for a negative purpose, cause or result. In this sense, the child pornography and prostitution industry uses the human sexual urge to exploit people at their most vulnerable when they are young. It essentially manipulates the natural urge for sex in a way that has little cost on the industry and a much greater psychological tax on the child involved. The contemporary understanding of child pornography and child sexual abuse in South Africa is one which has risen fairly recently and has seen significant development in the short time in which it has enjoyed recognition. This is despite there being relatively few cases dealing with the newly defined crimes in the last five years. This is because the majority of children used in child pornography are of foreign nationalities. Legislation Criminalising Sexual Offences against Children The definition for the offence of child pornography is laid out in several pieces of South African legislation. It is also defined by international conventions for the protection of children in relation to sexual exploitation of children which includes child pornography, trafficking and prostitution. These conventions prescribe action for state parties which are signatories to them. In the case of The Rome Statute of the International Criminal Court, the international community of states has identified sexual abuse of women and children as crimes against humanity. Another example of such international law is the United Nations

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