Sexual exploitation is prevalent amongst adults and children alike. Individuals who are being exploited often have complex needs and are therefore susceptible to being preyed upon by perpetrators who will use their vulnerabilities such as addiction to coerce them into performing sexual favours in exchange for drugs and or alcohol.
In these often complex situations the victim is likely to have experienced at least some Adverse Childhood Experiences (ACES) such as witnessing domestic abuse between their parents or growing up in a household with mental health issues. This can leave them more vulnerable to exploitation if they don’t receive the correct support to educate them and to combat negative psychological impact of these experiences such as feelings of abandonment and rejection that ultimately makes them an ideal target for perpetrators.
Often, in cases of child-victims, the perpetrator may even have convinced them that the sexual acts they are performing are merely part of a genuine and consensual romantic attachment, otherwise known as ‘grooming’. This form of sexual exploitation can be particularly dangerous as the individual does not recognise it as a problem and even if they do are unlikely to seek help as they may believe the perpetrator genuinely loves them and wants to be in a relationship with them.
In other cases, the victim may be aware that they are being exploited, but the perpetrator has used threats of harm against them or someone they care about, causing them to believe they have no other option but to continue being exploited.
Increasingly, sexual exploitation is taking place online, this is harder to detect as the perpetrator can keep their identity hidden. A victim of online sexual exploitation may be coerced into anything from sexual conversations/’sexting’ to filming/being filmed performing sexual acts. These acts can be archived by the perpetrator and then used to blackmail the victim into performing the acts again and again. This can also be classed as ‘revenge porn’.
The Local Authority in any area has a duty of care to protect children from harm. This harm can be in the form of physical, emotional, psychological and neglect. If the Local Authority are of the view that there is significant risk of harm to a child they can make an application for a Care Order or Interim Care Order to remove the child from their parents or primary care giver. Local Authorities can take steps to protect victims/potential victims of sexual exploitation through care proceedings.
On occasion, circumstances can arise where there are concerns in relation to the conduct of a parent that has been sexually exploited ,an example being a parent or care giver suffering from post-traumatic stress disorder as a consequence of the trauma that they have suffered from being sexually exploited. As a consequence of their diagnosis, it may impact on the care that they are able to provide the child and the child may suffer harm in the form of neglect, emotional, psychological or physical harm and as such this could be another reason why the Local Authority issue Care proceedings.
In these types of cases, applications for injunctions may not be applicable, since it is only the victim who themselves, who can make such an application against another individual/group.
In a significant proportion of sexual exploitation matters before the court, Family Law Solicitors are involved. These legal professionals can seek to represent the interests of the sexually exploited individual or a parent, family member or care giver in supporting the individual to overcome their vulnerabilities and complex needs.
Other family law proceedings to assist victims of sexual exploitation may include Prohibited Steps Orders or Wardship Orders, which restrict a potential abusers ability to remove children and young people from the jurisdiction without consent of someone with parental responsibility. Alternatively, Child Arrangements Orders can establish an additional layer of protection for children where one parent could be attempting to sexually exploit the child(ren). These family law proceedings put the needs of the sexual exploited individual first, and aim to prevent them from re-entering the system once they have left it.
Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children in applications that are made in this niche and specialist area of law. They also have solicitors, trainee and caseworkers that speak a range of languages to assist clients where required.
Duncan Lewis solicitors are able to provide legal aid depending on the type of application that has made. Our specialist solicitors are more than happy for contact to be made with them to assist with undertaking assessments for legal aid.