Adolescents and Sexual Violations Online

• DOI: http://doi.org/10.1111/jfcj.12175
• Author: Caroline Adolphsen,Nicolaj Sivan Holst
• Published date: 01 September 2020
• Date: 01 September 2020

Adolescents and Sexual Violations Online

By Nicolaj Sivan Holst and Caroline Adolphsen

ABSTRACT

The article describes and discusses sexual violations online using the recent

Danish case law and legislation as an example and drawing upon the United Nation

Convention on the Rights of the Child. It is argued that the legislation does not pro-

vide a sufficient solution to the problems connected to digital violations of the physi-

cal integrity of the victim.

Key words: adolescents, juvenile justice, digital violations, social welfare.

POINT OF INTEREST –THE UMBRELLA CASES

One morning in the spring of 2018, Danish police charged more than 1,000 young

people for possession and sharing of child pornography, indecency and wrongfully dis-

closing of private affairs.

1

The Denmark investigation began when the American com-

pany Facebook got reports that two specific video sequences from Denmark containing

sexual material involving persons under the age of 18 were being shared on the Facebook

chat-platform Messenger.

2

The videos showed a graphic intercourse between a 15-year-

old girl and four boys approximately of the same age, the victims being the girl and one

of the boys. Facebook warned the US authorities, who then informed The Danish

National Cyber Crime Centre via Europol. The investigation was part of a national

Nicolaj Sivan Holst, is a former prosecutor and holds a Master of Laws (LL.M) from Copenhagen

University (2008) and a Ph.D. degree in Criminal Law from Aarhus University (2014). He is now associate

professor at the Department of Law, Aarhus University. See: https://pure.au.dk/portal/en/persons/nicolaj-si

van-holst(8960f2da-b314-4c32-8897-254668045a32)/cv.html?id=93976659 (CV) https://pure.au.dk/por

tal/en/persons/nicolaj-sivan-holst(8960f2da-b314-4c32-8897-254668045a32)/publications.html (publica-

tions)

Caroline Adolphsen, holds a Master of Laws (LL.M) from Aarhus University (2009) and a Ph.D.

degree in Health Law and Children’s Rights from Aarhus University (2012). She is now associate professor

at the Department of Law, Aarhus University and holds a chair for the UNCRC Hope for Children Policy

Center. See: https://pure.au.dk/portal/da/persons/caroline-adolphsen(1e482242-86cc-4836-9c32-72a2325c

4ac4)/cv.html?id=32508170 (CV) https://pure.au.dk/portal/en/persons/caroline-adolphsen(1e482242-86cc-

4836-9c32-72a2325c4ac4)/publications.html (publications)

1

The Danish Penal Code of 1930 §235, §323 and 264 (2018).

2

A BBC study of Freedom of Information requests from 31 police forces in England and Wales

between April and December (https://www.bbc.com/news/uk-england-36054273) showed that Facebook

was used by perpetrators in 68% of cases where social media was mentioned in reports. Then came Instagram

(12%) followed by Snapchat (5%).

Juvenile and Family Court Journal 71, No. 3

©2020 National Council of Juvenile and Family Court Judges

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