Overlapping offences, divergent logics: Reconciling EU law on sexual imagery of minors

This paper examines the relationship between Directive (EU) 2024/1385 on violence against women, which criminalises the non-consensual sharing of intimate or manipulated material (NCSIMM), and Directive 2011/93/EU on combating child sexual abuse and exploitation, together with its proposed Recast, which addresses child sexual abuse material (CSAM). Although rooted in distinct policy rationales, gender equality on the one hand, and child protection on the other, both instruments adopt a structurally similar approach, linking criminalisation to platform governance, and enhancing victim support and judicial cooperation. Nonetheless, their coordination remains limited, particularly in cases involving minors above the age of sexual consent. Overlapping provisions risk creating ambiguity in interpretation, enforcement and victim protection. As a result, the paper tries to offer legal clarification and policy-oriented guidance. It argues that the scope of CSAM-related offences is significantly broader and more future-oriented than that of NCSIMM, reflecting the persistent framing of children as inherently vulnerable and in need of heightened protection. However, where the boundaries between these offences become blurred, especially in relation to teenagers, the interpretation and enforcement of the law must be guided by respect for sexual autonomy and consent – principles essential to ensuring coherence, proportionality and rights-based protection across the EU framework.