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Operation Sunflower

Washington (CNN) — An international operation led by U.S. Immigration and Customs Enforcement aimed at child pornography and sexual abuse has resulted in the arrest of 245 suspects, officials announced Thursday. All but 23 of the suspects were apprehended in the United States.

The agency said that during the course of Operation Sunflower, law enforcement officers identified 123 victims of child exploitation and removed 44 of those children from their alleged abusers with whom they were living. The other cases involved victims who were exploited by people outside their homes or children who were harmed years ago and are now adults.

Several of the children were shockingly young. Five were under age 3. Nine were between the ages of 4 and 6. Of the 123 victims, 110 lived in the United States in 19 different states. ICE officials did not identify the six other countries where victims were identified or where some of the arrests were made, citing the need to work discreetly with international law enforcement partners.

According to ICE, some of those arrested during Operation Sunflower were registered sex offenders.

Operation Sunflower was conducted in November and December, but efforts are continuing on other cases. During a news conference, ICE Director John Morton said the agency was calling on the public to provide tips and mentioned several open investigations. One of those cases involves the sexual molestation of an unidentified girl thought to be around 13.

Investigators believe the abuse took place about 11 years ago, but the pornographic images were widely circulated. ICE has posted pictures of an unidentified woman and man suspected of abusing the girl on its website. The woman has some distinctive tattoos that investigators hope will lead to tips about her identity.

Based on a forensic analysis of the pornographic images in that case, investigators think the abuse occurred in the Los Angeles or San Fernando Valley area of California. Although the girl may now be an adult, ICE officials want to identify and prosecute the suspects and prevent them from harming new victims.

“Forensic analysis technology has become critical in the fight against child exploitation,” Morton said. “We are coming across these images on the Internet. They are being produced in one country but shared literally around the world, often in real time.”

Morton said ICE works with other law enforcement agencies and with the National Center for Missing and Exploited Children to look for clues in the pictures of abuse to identify where the acts occurred and track down the victims and perpetrators.

The name Operation Sunflower was chosen to commemorate a case from 2011 in which Danish law enforcement officials shared images and chat board information about a 16-year-old boy who allegedly planned to rape an 11-year-old girl. One image taken from a moving car showed a road sign with a sunflower on it. ICE’s Homeland Security Investigations determined that the road sign was unique to Kansas. Agents were then able to find the exact stretch of road where the picture was taken and to locate the girl.

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San Bernardino Links

Grand Jury Investigates San Bernardino CFS

State Department of Justice Investigates San Bernardino County CFS

“We are looking more broadly than any one individual incident. We’re looking at the need for systemic reform and potential systemic breakdowns,” said Jill Habig, special counsel to the attorney general, on Wednesday. “The reason we’re disclosing this now is we’re at a point in the investigation where we need public engagement and input so we have a full, thorough and impartial investigation. We’re putting this out so people can contact us and provide information.”

2 Rialto police officers resign, 4 disciplined amid sex scandal investigation

  • In September 2015, former social workers Eric Bahra and Mary Anna Whitehall filed separate lawsuits in San Bernardino Superior Court alleging whistleblower retaliation.

Bahra, who only worked for the county for 11 months, alleged he was fired after reporting 39 children, over the span of 12 years, being placed into a foster home where the father was accused in 2013 of sexually abusing some of the children, taking nude photographs of them and placing them in photo albums.

Whitehall alleges in her lawsuit that she was placed on administrative leave six days after she and two other social workers filed motions in juvenile dependency court alleging the Department of Children and Family Services committed fraud upon the court in order to discredit Bahra, which ultimately led to his termination.

But DCFS officials, Whitehall alleges, falsified evidence and told the court Bahra lied in his reports and breached confidentiality. They recommended the four surviving children be returned to their biological parents. By doing so, DCFS jeopardized the safety of the four children, Whitehall alleges.

 

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Police Officers and Sexual Abuse

After reporting the involvement of Riverside County Sheriff Sergeant and his deputies in the abuse allegations made by my children, I saw how secretive police departments were when investigating other officers.

When I went into the Jurupa Valley Station to be interviewed, I was told that I would have no knowledge of what would be done or how the investigation would be handled. In the end, a letter would be sent in the mail stating whether the allegations were founded or not. Either way, none of what they found would be admitted for criminal prosecution.

I wondered what the point of my disclosing abuse to this organization was. Where was the remedy for my children? By reporting these crimes, I opened my immediate family up for harassment and retaliation, but the officers faced nothing but administrative punishment/separation.

Surprise! I received a letter a few months letters stating that all allegations were unfounded. This coincided with reports from mutual friends (Our family had a prior long-standing friendship with the Sergeant’s family), that the Sergeant had taken early retirement.

Retiring, resigning, or being put on administrative leave does not offer a solution to victims who claim they were abused by police officers.  If little or no consequence comes from the reporting of the crime, it is worth the risk for the predator to pursue its victim.

The Riverside Sheriff’s Department is allowed to stay quiet about improprieties to limit liability, allowing officers reported for misconduct to quietly resign, keep their certification and sometimes jump to other jobs. But if the crimes are not addressed, or criminally prosecuted, how will the safety of communities they serve be protected?

In a yearlong investigation of sexual misconduct by U.S. law enforcement, The Associated Press uncovered about 1,000 officers who lost their badges in a six-year period for rape, sodomy and other sexual assault; sex crimes that included possession of child pornography; or sexual misconduct such as propositioning citizens or having consensual but prohibited on-duty intercourse.

This only includes officers whose licenses were revoked, and not all states take that action. In fact, California and New York do not have systems to revoke certifications of officers for misconduct.

In this report, some states did not remove officers for sexual misconduct, even after cases were highlighted in news stories or court records.

“It’s happening probably in every law enforcement agency across the country,” said Chief Bernadette DiPino of the Sarasota Police Department in Florida, who helped study the problem for the International Association of Chiefs of Police. “It’s so under-reported and people are scared that if they call and complain about a police officer, they think every other police officer is going to be then out to get them.”

The AP’s findings, along with other research and interviews with experts, suggest that sexual misconduct is a common type of complaint against law officers. Phil Stinson, a researcher at Bowling Green State University, analyzed news articles between 2005 and 2011 and found 6,724 arrests involving more than 5,500 officers. Sex-related cases were the third-most common, behind violence and profit-motivated crimes. Cato Institute reports released in 2009 and 2010 found sex misconduct the second complaint against officers, behind excessive force.

The day AP announced that nearly 1,000 police officers had lost their badges for sexual assault, Daniel Holtzclaw’s trial for allegedly raping 13 women while on duty began.

After the Associated Press finished the investigation into sex crimes that included possession of child pornography; or sexual misconduct such as propositioning citizens or having consensual but prohibited on-duty intercourse.

The crime I reported, along with the many others, must not be seen as lone instances. These crimes are part of a cultural issue and reflect the health of our society at large. A small percentage of people who are criminally abusive exist, but when they have a badge, they have access to victims with impunity.

Dr. Phil Stinson studies corruption within law enforcement at Bowling Green State University. The former police officer is the head of a study by the Department of Justice called Police Integrity Lost: A Study of Law Enforcement Officers Arrested. “Almost all crime by police officers falls into one or more of these types: alcohol related, drug related, sex related, violence related, or profit motivated.” Dr. Stinson explains that these crimes are hard to track for a variety of reasons. “There’s no official statistics or data any agency keeps [on police crime]. Prior research in this area has been really hampered by various methodological problems; if you survey police officers and police departments there’s a social desirability effect. They’re not going to answer these questions honestly.”

A former Oklahoma City police officer, Daniel Holtzclaw, was sentenced to 263 years in prison January of 2016 after he was convicted of rapes and other offenses that authorities say occurred while he was on duty.

Dr. Stinson’s research shows that the victims of police sexual assault are disproportionately under-aged. He says crimes like these are more common than we think.

He says “When one woman, one girl, or even a boy is believed, and it gets charges brought and it gets in the newspaper—for every one victim that comes forward initially, there’s five more that come forward. That’s what happened with Holtzclaw.”

 When a claim is taken seriously, the cases may never become public; police departments often deal with the issue behind the scenes. “Sometimes [officers are] given the opportunity to resign in lieu of being criminally prosecuted. One of the reasons they have to do that is if they question an officer and they ask him about an incident and they require him to answer the questions, they have to elect that they’re going to use the statements administratively or criminally. Once they’ve decided to use [testimony] for discipline purposes, they can’t use those statements against the officer in court. They have to build their criminal case another way.”

“In some cases instead of charging an officer with a sex crime, they’ll charge him with official misconduct or official oppression or violation of oath. It hides the true nature of the crime, so they might get convicted, but they’re not a registered sex offender.”

Dr. Stinson was a police officer in New Hampshire in the 80’s.  A man was arrested with possession of child pornography. “The sergeant that I worked with at the time spent the next month cataloging and watching every one of the videos. It was clear to me that he had more of an interest than he should have in these cases.”

Dr. Stinson has a theory that policing is “sexual.” “There’s a sexual dynamic to it,” he says. “It’s a twisted power and coercion dynamic, [and it can be] a complete misuse of authority and power.” An officer may encounter sex-related issues throughout their work. “It’s a reoccurring theme. They deal with sex crimes, they’re surrounded by vulnerable people, there are all these different aspects. Power equals sex in many ways. It’s something that is not talked about; there things we don’t discuss in polite company.

Because it has been largely erased from public records, it is challenging to study and to report on this subject matter.

The scars of sexual abuse are not easily erased. But the evidence needed to prosecute the abuse is.

Diana Tourjee notes in her article, “The culture of silence and the imbalance of power are two parts of an institutional system of oppression. Even the researcher confronts obstacles: Studying police corruption has alienated Dr. Stinson from old friends in the force.”.

“I no longer drink with my law enforcement friends in bars,” he says. “People have asked me a lot about that and people have been concerned about it. I don’t get invited to any parties any more. This is not anti-law enforcement. I think of it as pro-law enforcement.”

The references to studies made on sexual abuse and police come from personal experience with reporting sex crimes along with links and references below.

Diana Tourjee’s article for the Broadly. Read it here

Matt Sedensky’s article for the Associated Press. Read it here

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Affects of Child Abuse

Physical effects of child abuse

 1. Unexplained burns, cuts, bruises, or welts in the shape of an object
2. Bite marks
3. Anti-social behavior 
4. Problems in school
5. Fear of adults

Emotional effects of child abuse

 1. Apathy
2. Depression
3. Hostility or stress
4. Lack of concentration
5. Eating disorders

Sexual effects of child abuse

 1. Inappropriate interest or knowledge of sexual acts
2. Nightmares and bed wetting
3. Drastic changes in appetite
4. Overcompliance or excessive aggression
5. Fear of a particular person or family member 

Neglect

 1. Unsuitable clothing for weather 
2. Appearance is dirty or unbathed
3. Extreme hunger 
4. Apparent lack of supervision

Long-range effects of child abuse

 Statistics underscore the alarming effects of child abuse over time:
 
  • 36.7% of all women in prison and 14.4% of all men in prison in the United States were abused as children.
  • Children who have been sexually abused are 2.5 times more likely to abuse alcohol and 3.8 times more likely to become addicted to drugs.
  • One third of abused and neglected children will later abuse their own children, continuing the horrible cycle of abuse
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Child Trafficking

Main article: Child trafficking 
Child trafficking is the recruitment, transportation, transfer, harboring or receipt of children for the purpose of exploitation.[49]
Children are trafficked for purposes such as of commercial sexual exploitation, bonded labor, camel jockeying, child domestic labor, drug couriering, child soldiering,illegal adoptions, begging.[50][51][52]
It is difficult to obtain reliable estimates concerning the number of children trafficked each year, primarily due to the covert and criminal nature of the practice.[53][54] 
The International Labor Organization estimates that 1.2 million children are trafficked each year.
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Child Sexual Abuse (CSA)

Main articles: Child sexual abuse and child-on-child sexual abuse 
Child sexual abuse (CSA) is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation.[21] Sexual abuse refers to the participation of a child in a sexual act aimed toward the physical gratification or the financial profit of the person committing the act.[13][22]
 Forms of CSA include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual contact with a child, physical contact with the child’s genitals, viewing of the child’s genitalia without physical contact, or using a child to produce child pornography.
[21][23][24] Selling the sexual services of children may be viewed and treated as child abuse with services offered to the child rather than simple incarceration.[25]

Effects of child sexual abuse

include guilt and self blame, flashbacks, nightmares, insomnia,fear of things associated with the abuse (including objects, smells, places, doctor’s visits, etc.), self-esteem issues, sexual dysfunction, chronic pain, addiction, self-injury, suicidal ideation,somatic complaints, depression,[26] post-traumatic stress disorder ,[27] anxiety,[28] other  mental illnesses  including  borderline personality disorder [29] and dissociative identity disorder ,[29]  propensity to re-victimization inadulthood,[30]  bulimia nervosa,[31]  physical injury to the child, among other problems.[32] In the United States, approximately 15% to 25% of women and 5% to 15% of men were sexually abused when they were children.
[33][34][35][36][37] Most sexual abuse offenders are acquainted with their victims; approximately 30% are relatives of the child, most often brothers, fathers, mothers, uncles or cousins; around 60% are other acquaintances such as friends of the family, babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual abuse cases.
[33] In over one-third of cases, the perpetrator is also a minor .

The Convention on the Rights of Child (CRC)

Since child abuse and neglect is of ‘universal’ nature, certain quarters have advocated that there is a need for an international action to address the problem. Thus, various efforts were undertaken by the international community which materialized in 1989 when the Convention on the Rights of Child (CRC) was passed and ratified by almost all the countries worldwide with the exception of the United States of America and Somalia.38
This Convention recorded among the highest in term of the number of participating statesthat ratified any international convention.
39
The CRC was formulated to protect the rights of children be it civil, cultural, economic, political and social. There are several articles specifically related to child abuse and neglect. Among the articles is Article 19 which provides: States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.and Article 34 which provides:States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
World Health Organization in their 2006 report opined that incorporating the CRC into the domestic laws is among the recommended strategies to address the problem of child abuse.
36
See Cindy L. Miller-Perrin & Robin D. Perrin, note 3 at page 12.
37
California was the first state in the United States of America which introduced mandatory reporting intheir child protection laws in 1963. Other states in the United States of America followed since 1967. SeeDonna M. Pence and Charles A. Wilson, “Reporting and Investigating Child Sexual Abuse”,
The Future of Children
, Volume 4 No. 2, 1994, 70-83 at page 71.
38
See http://www.unicef.org/publications/files/Child_Protection_Information_Sheets.pdf. Retrieved June 28, 2008.
39
 Ibid 
.
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R.A 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE

Read Notes on RA 7610 Child Abuse Law

RA 7610          June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms. –

 

(a) “Children” refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

 

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

 

(c) “Circumstances which gravely threaten or endanger the survival and normal development of children” include, but are not limited to, the following;

 

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.

 

(d) “Comprehensive program against child abuse, exploitation and discrimination” refers to the coordinated program of services and facilities to protected children against:

 

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ

 

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

 

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

 

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

 

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

 

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:1awphi1@alf

 

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child’s parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.

 

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. –

 

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

 

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

 

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words “off limits” shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

 

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child’s employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child’s parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.

 

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender’s license to operate shall be revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.

ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

 

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

 

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;

 

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.

 

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following:

 

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

 

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

 

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.

 

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

Approved: June 17, 1992.lawphi1Ÿ