Warwickshire Police & West Mercia Police Specialist Operations Sexting: how do we safeguard children who Sext? This Workshop will focus on the role of police and schools and their responsibilities in response to the Education Act 2011 and reporting procedures to safeguard the welfare of young people who share inappropriate or explicit images.  Detective Chief Inspector Tim Bower

Presentation Objectives: Explain Sexting definitions Explain Sexting problems Explain Sexting & the Law Explain Sexting categorisation Explain Police investigative interests

What is sexting? Video (2.5 mins) The exchange of self-generated sexually explicit images, through mobile picture messages or webcams over the internet.

What is sexting? The taking and sharing of indecent photos, not only of themselves, but also of friends and partners through SMS on mobile phones.

What is sexting? When someone sends or receives a sexually explicit text, image or video on their mobile phone, usually in a text message.

What is sexting? Sexting is the act of sending sexually explicit photographs, primarily between mobile phones but also using the Internet.

Message containing nude image of child. When does Sexting become a problem? Message containing nude image of child.

What does the law say? It is a crime to: take an indecent photograph or allow an indecent photograph to be taken make an indecent photograph (this includes downloading or opening an image that has been sent via email); distribute or show such an image possess with the intention of distributing images advertise possess indecent photographs (including pseudo images) of a person under 18 years of age.

What do the figures say? 22% of teenage girls admit to sexting. Of this number, 61% have said that they did so because they were pressured. and 18% of boys have admitted to the same thing

What do the figures say? Between 2012 and 2014, 1,000 under-18s were investigated by police for sexting. In 2015, a Freedom of Information request by the Sun revealed that 1,000 under-18s had been investigated by police for sexting between 2012 and 2014.

What do the figures say? Between 15-40% of children are exposed to sexting. Young people aged 12-15 are the most common age group to talk about the internet as a way to explore their sexuality and form new relationships. 41% of 12-15 yr olds possess a mobile device

Sexting redefined – a child problem? Number 1 Favourite among children. Instagram 26% Instagram is a free photo and video sharing app. Users can view, comment and like posts shared by their friends on Instagram. Instagram has strict Terms of Use making it clear that it is NOT for children under the age of 13.

Sexting redefined – a child problem? Number 2 Favourite among children. Snapchat 16% Snapchat is a messaging app which allows you to send videos and pictures, both of which will self destruct after a few seconds of a person viewing them. Snapchat minimum user age is 13. If you’re under 13, then you will be redirected to the kid version, called “SnapKidz’.

Sexting redefined – a child problem? Number 3 Favourite among children. Facebook 15% Facebook requires everyone to be at least 13 years old before they can create an account. This includes accounts registered on behalf of someone under 13. Facebook is a social networking website that allows registered users to create profiles, upload photos and video, send messages and keep in touch with others.

Sexting redefined – a child problem? Yik Yak 2% Yik Yak is a free social media messaging app allowing users to anonymously post whatever they want about anything, or anyone. Yik Yak’s Terms of Service demand that users are at least 18 years of age.

Sexting redefined – a child problem? Images or videos generated by children under the age of 18, or of children under the age of 18 that are of a sexual nature or are indecent.

So, what is the role of the police? ‘ACPO does not support the prosecution or criminalisation of children for taking indecent images of themselves and sharing them. Being prosecuted through the criminal justice system is likely to be upsetting and distressing for children especially if they are convicted and punished. The label of sex offender that would be applied to a child or young person convicted of such offences is regrettable, unjust and clearly detrimental to their future health and wellbeing.’

So, what kind of cases define police involvement? Sociologists David Finkelhor and Janis Wolak conducted a review of over 550 sexting cases in the US from a national survey of law enforcement agencies. All of the cases involved youth produced sexual images which they separated into two categories: Aggravated and Experimental.

So, what is Aggravated? Aggravated incidents of sexting involve criminal or abusive elements beyond the creation of an image. Dissemination without the knowledge or against the will of the child pictured adult involvement abusive behaviour blackmail

What is Experimental sexting? Experimental incidents of sexting involved youths taking pictures of themselves to share with established boyfriends or girlfriends, to create romantic interest in other youth, or for reasons such as attention seeking. There was no criminal element (and certainly no criminal intent) beyond the creation and sending of the images and no apparent malice or lack of willing participation.

Youth produced sexual images Experimental Aggravated Youth only Adult involved Romantic Sexual attention http://www.youtube.com/watch?v=9uJOXOAQ9Qo Is the event in this 7 minute video Aggravated or Experimental? Intent to harm Reckless misuse

What should schools do with a child’s electronic device? Education Act 2011 provides teachers with significant powers to seize and search an electronic device if they think there is good reason for doing so.

A device can be examined, confiscated and securely stored if there is reason to believe it contains indecent images or extreme pornography.

The search must be conducted by the head teacher or a person authorised by them. A member of the safeguarding team must be present and the search conducted by a member of the same sex as the child.

A person may examine any data or files on the device if they think there is a good reason to do so. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files if they think there is a good reason to do so.

So, in summary….. You can search for pornographic images including any item banned by the school rules. You must be authorised by the head teacher to search and must be the same sex as the pupil being searched. You can search without the consent of the child. You can seize anything which you have reasonable grounds for suspecting is a prohibited item or evidence of an offence. Images found on a mobile phone or other electronic device can be deleted unless it is necessary to pass them to the police. Don’t print pornographic images or move to another device. Avoid repeated disclosures from children if the incident is going to be passed to police.

Case studies A girl, 13, sent a topless photo of herself to her boyfriend who was 14. When they broke up, the boy sent the photo to numerous friends via his mobile phone and many recipients forwarded the image to others. The school found out when one recipient told a parent. By then over 200 students had received the picture. Aggravated Youth: Intent to Harm

A Year 6 girl (aged 11) texted a photo of herself, topless, to her 12-year-old boyfriend (an ex-pupil). No physical sexual activity took place between them prior to this event on or offline. The image was discovered on the boy’s mobile phone by his mother who deleted the image and then contacted the girl’s parents. The girl’s parents approached the school for advice and the incident was reported to MASH. Experimental: Romantic

At a party where there was heavy drinking, three boys in the shallow end of a pool pulled down their swim trunks and had a “swordfight”. A girl, 17, filmed this and sent the video via her mobile to six other people. The three boys did not know she had taken the video or sent it. The video became a hot topic within the school and came to the attention of the teaching staff. Aggravated Youth: Reckless misuse

Detective Chief Inspector 3205 Tim Bower timothy.bower@westmercia.pnn.police.uk ‘Sexting’ in schools: advice and support around self-generated images http://www.kelsi.org.uk/__data/assets/pdf_file/0013/30127/Sexting-in-schools.pdf D of E Searching, screening and confiscation Advice for head teachers, school staff and governing bodies https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279245/searching_screening_confiscation_advice_feb14.pdf