The prevalence of technology-facilitated abuse, in the form of child sexual exploitation material (CSEM), is growing exponentially on an international scale. CSEM refers to material depicting children in an offensive or sexual context. Possessing, producing, distributing or otherwise dealing with it is unlawful and widely condemned across international jurisdictions. CSEM offending is both a domestic and international legal issue given the ease which perpetrators can cross jurisdictional boundaries using technology. Significantly, parents and guardians are major producers of CSEM involving children under their care. Modern families have better access to technology which can facilitate child sexual exploitation more easily than ever before. Intrafamilial sexual exploitation is particularly problematic because children are inherently vulnerable in their home environments.
Parental figures in the production and distribution of CSEM have traditionally warranted less research than commercial, extrafamilial perpetrators. However, their ease of access to children vulnerable to exploitation highlights a significant child protection issue within family environments. Very little research has been undertaken to examine how family law could be used to reduce and prevent CSEM production and distribution, with CSEM reduction and prevention efforts overwhelmingly considered from a criminal law or policing perspective. This paper will consider the role of family law as a child protection tool in responding to, and preventing, CSEM. It will also consider a domestic and international perspective with a view to identify opportunities to use law more strategically to better protect children vulnerable to exploitation.