Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
No
The age of sexual consent at 14 years for both girls and boys. The national legislation also criminalises those who use an advantageous situation to achieve sexual intercourse with a child between 14 and 18, even if the child consents. Penalties related to this latter provision do not apply when the age difference does not exceed 5 years and the two people are in a stable relationship.
ECO Panama, 2019
Extraterritoriality & Extradition
Partial
Passive and active extraterritoriality is provided for SEC crimes when the effects of the crime are to be produced in Panamanian territory. It is unclear whether double criminality is required for extraterritoriality.
No information was found on specific provisions on extradition for SEC related offences. Extradition requires double criminality in all instances and government can refuse to extradite Panamanian nationals.
ECO Panama, 2019
CSAM Definition
No
The national legislation does not provide a specific definition of CSAM.
ECO Panama, 2019
Background Check Required
Not Yet Assessed
National Commitments
Partial
Panama has ratified the CRC, the OPSC, the OPIC, the Trafficking Protocol, the ILO Convention No. 182.
Panama has also ratified the Council of Europe's Budapest Convention.
Panama has not ratified the UNWTO Framework Convention on Tourism Ethics nor the Council of Europe's Lanzarote Convention.
ECO Panama, 2019
Child Advocacy Centers
Yes
An initiative similar to a Child Advocacy Centre, the Victim and Witness Protection Unit (UPAVIT) has been established in Panama. status as of 2019 there are 11 units in total (one in each province) staffed with psychologists and social workers who assist child victims since their arrival, go with them to the hearings, provide psychological attention and make sure that the right protection measures are taken.
ECO Panama, 2019
SEC Police Unit
Partial
The main police unit that includes SEC in its mandate is the Division on Sexual Crimes within the Judicial Investigation Directorate of the National Police. Furthermore, the Children and Adolescents National Police Unit provides assistance with cases involving children.
It is unclear whether both offences under national and extra-territorial jurisdiction are able to be addressed by these units, and whether they are fully functional.
ECO Panama, 2019
Protection Standards Travel and Tourism
Not Yet Assessed
Public SEC Case Data
Partial
National public case data is available for some SEC-related offences such as sexual exploitation of children in prostitution, offences related to child sexual abuse material and sexual exploitation in travel and tourims. Data is made publicly available on a periodic basis but it is not disaggregated by age, gender, nationality, etc. No information was found on whether the reports contain information on offenders and on compensation sought by child victims.
ECO Panama, 2019
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.