Substantive and procedural legislation in the Philippines to combat webcam-related child sexual abuse

Abstract

This chapter examines the criminal laws and procedural rules in the Philippines that apply to webcam or online child sexual abuse. It analyzes the relevant treaties, legislation and case law, particularly those relating to sexual offenses involving minors and cybercrime investigations. The chapter also tackles specific legal issues concerning the use of Sweetie 2.0 in combating webcam-related child sexual abuse including child pornography, cybersex, child sex tourism, entrapment, and criminal investigations in an online context. Based on the research, many of the sex-related crimes under Philippine law can be used to investigate and prosecute the sexual abuse and exploitation of real children and minors via webcam or other similar means or media. However, most of these crimes do not apply in the case of Sweetie 2.0 because they require as an essential element for their commission the involvement of a real child or minor victim. As such, the possible crimes that may be committed in relation to Sweetie 2.0 are limited to cybersex, attempted cybersex, grooming, and luring. Also, since the general rule is that criminal investigations can only conducted when a crime has been, is being or is about to be committed, Sweetie 2.0 can only be used in the first stance to investigate these four offenses.