Across the country, children and young people are manipulated, sexually abused, and forced to launder money and deal drugs. While some progress has been made recently, often victims can still end up in court facing criminal charges for actions which they were forced to commit. Those working and volunteering in the legal system can be vital in ensuring that children get the support that they need and that perpetrators of child abuse are the ones pursued instead.
What is child exploitation?
Child exploitation is a form of abuse. It occurs when an individual or group takes advantage of an imbalance of power to encourage or compel a child into activity that benefits the perpetrator or facilitator, such as sexual or criminal activity, forced labour, trafficking or domestic servitude. The perpetrator(s) might coerce, control, manipulate, threaten or deceive the young person. Exploitation doesn’t always involve physical contact; it often occurs through technology.
This crime is currently covered by the Modern Slavery legislation, but child criminal exploitation is soon to be covered under a new specific offence.
How does this happen?
Children are groomed by those who want to use them for their own gain. This usually involves a perpetrator identifying a need which a child has and then manipulating that to build a relationship with the child. This could for example involve an adult presenting as a friend to a lonely or isolated child, or providing financial support to a child living in poverty. Once this relationship is established and the child either trusts the perpetrator, or feels that they owe them something, the perpetrator manipulates the child and tests their loyalty. This may involve getting the child to store cash, weapons, stolen goods or drugs. This cycle of asks placed on the child alongside creating a perception of meeting their needs escalates until the child feels trapped and is forced into increasingly exploitative situations.
Signs of exploitation to look out for in court
Perpetrators are clever in the way that they seek to hide their actions. In most cases, the child is unlikely to be aware that they are a victim, due to the grooming and psychological manipulation which has taken place. The child may still believe that the perpetrator wants the best for them, that they have agreed to work for them, or that they are to blame for what has happened. Even if they do know something is wrong, they may not feel safe to tell anyone. This is why it is so important that adults can identify when a child has been exploited, rather than placing the onus on a child to disclose.
In court, some useful signs of exploitation to look out for include children (under 18) being:
- Found possessing drugs
- Arrested far away from home
- Missing regularly
- Excluded from school
- Involved in a crime in which the profits are not accounted for
- Involved in a crime alongside an adult
- Interested in accessing transcripts (to prove they have not incriminated anyone else due to fear of reprisal)
Outside of court, members of the public can also play a vital role in spotting signs of exploitation. The Children’s Society runs the #LookCloser campaign to raise public awareness of this issue. If you head to our website, you can see all of our free upcoming learning sessions and download campaign resources for both professionals and the public. This campaign also has information on what to do if a member of the public is concerned about a child.
What can magistrates do in court?
If a child is in court and you have concerns that their exploitation has not been considered, please raise this. We would also encourage you to ask for more information from the police to assist decision-making. Not only could this prevent a child from ending up with criminal convictions for actions they were forced into, but it also could lead to the person who exploited them being investigated and that child being safeguarded.
We have a new resource which is available on our #LookCloser website, which provides guidance on building positive relationships and engagement with children.
A few top tips to consider in court include:
- Avoid victim-blaming language. We have a guide to help with this!
- Be patient when a child is answering questions.
- Ensure the child’s communication needs are considered.
- Be aware of trauma and trauma responses. Remember that a child who appears aggressive or angry in court may be struggling to cope with what they have experienced.
For further information about exploited children in court proceedings, please access our Exploitation Practice Guide on this topic.
To find out more about our work, please email [email protected] or check out our #LookCloser website, campaign and resources.