20 Amendments of András LÁSZLÓ related to 2024/0035(COD)
Amendment 52 #
Proposal for a directive
Recital 2
Recital 2
(2) Sexual abuse and sexual exploitation of children, including child sexual abuse material , are barbaric acts that cause huge suffering to victims. They shock and outrage society by targeting the most innocent and vulnerable in its midst, who represent its future. From a legal perspective, they constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. _________________ 2 OJ C 364, 18.12.2000, p. 1.
Amendment 79 #
Proposal for a directive
Recital 13
Recital 13
(13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalisedregarded as an aggravating circumstance of the offence itself.
Amendment 110 #
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time, without prejudice to Member States' ability to establish an even longer statute of limitations.
Amendment 111 #
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if the statutes of limitations allow victims to report the crime for a significantly extended period of timfor the crime committed does not expire.
Amendment 146 #
Proposal for a directive
Recital 54
Recital 54
(54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics that take into account, in particular, the different limits for defining criminal offences, and carry out research into the scope of a consistent definition (perpetrator and victims of specific ages or with a specific age gap) versus a variable definition (identical legal classification despite different age limits). The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.
Amendment 187 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d – point i (new)
Article 2 – paragraph 1 – point 3 – point d – point i (new)
(i) Considering in particular: – recordings made of real persons and later manipulated; – recordings depicting artificial persons that were produced wholly artificially; and – sex dolls, robots and other devices that realistically represent children.
Amendment 245 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities involving just the child or with another person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities on their own or with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
(c) the absence of consent cannot be refutdeduced exclusively byfrom the child’s silence, past sexual conduct, or lack of verbal or physical non-resistance or past sexual conduct.
Amendment 389 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) andor Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 440 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 504 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
(a) at least 20 years from the date the victim has reached the age of majoritythe statute of limitations does not expire for the offences punishablof sexual abuse uander this Directive by a maximum penalty of at least 3 years of imprisonment sexual exploitation against minors, as set out under this Directive;
Amendment 508 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 514 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 579 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall bMember States shall take the necessary measures to ensure that victims are provided with coordinated, age- appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.
Amendment 585 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. WMember States shall take the necessary measures to ensure that, where it is necessary to provide for interim accommodation, children shallare, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.
Amendment 591 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. VMember States shall take the necessary measures to ensure that victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26. _________________ 26 COM(2022) 105 of 08.03.2022.
Amendment 690 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities, with strict regard, in the latter case, for the specific nature of their activity and the national legislation applicable to religious practice.
Amendment 705 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5