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Child sex tourism (CST) is a travel to a foreign country for the purpose of engaging in commercially facilitated child sexual abuse.^[1] Child sex tourism results in both mental and physical consequences for the exploited children, that may include "disease (including HIV/AIDS), drug addiction, pregnancy, malnutrition, social ostracism, and possibly death", according to the State Department of the United States.^[1]

Child sex tourism, part of the multi-billion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world.^{[1][2][3][4][5]} The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.^[6][7][8]

The majority of individuals who engage in child sex tourism are pedophiles^[5][3] and the majority of the exploited children are under 12 years old.^[5] Pedophiles use the internet to plan their trips by seeking out and trading information about opportunities for child sex tourism and where the most vulnerable children can be found, generally in areas of low income.^[5] Many governments have enacted laws to allow prosecution of its citizens for child sexual abuse committed outside of their home country. However while laws against child sex tourism may deter situational offenders who may act impulsively, pedophiles who travel specifically for the purpose of exploiting children are not easily deterred.^[5]

Background

Numerous tourists from the Western World travel to impoverished countries to engage in sex with children. Child sex tourism has been closely linked to poverty.^[9] In Latin America and Southeast Asia, for instance, street children often turn to prostitution as a last resort. Additionally, vulnerable children are easy targets for exploitation by traffickers.^[10]

Thailand, Cambodia, India, Brazil and Mexico have been identified as leading hotspots of child sexual exploitation. ^[11]

In Thailand, the exact number of child-prostitutes is not known, but Thailand’s Health System Research Institute reports that children in prostitution make up 40% of prostitutes in Thailand ^[12]. In Cambodia, it has been estimated that about a third of all prostitutes are under 18 ^{[13] [14]}. In India, the federal police say that around 1.2 million children are believed to be involved in prostitution ^[15]. Brazil is considered to have the worst child sex trafficking record after Thailand. ^[16]

Sex tourism targeting children creates huge monetary incentives for traffickers. Human trafficking is a worldwide tragedy impacting an estimated 1.2 million child victims.^[17] The United Nations Office of Drugs and Crimes (UNODC) recently stated that 79% of all global trafficking is for sexual exploitation, which is one of the fastest growing criminal activities in the world.^[18]

UNICEF notes that sexual activity is often seen as a private matter, making communities reluctant to act and intervene in cases of sexual exploitation.^[19] These attitudes make children far more vulnerable to sexual exploitation. Most exploitation of children takes place as a result of their absorption into the adult sex trade where they are exploited by local people and sex tourists.^[20] The Internet provides an efficient global networking tool for individuals to share information on destinations and procurement.^[21]

In cases involving children, the U.S. has relatively strict domestic laws that hold accountable any American citizen or permanent resident of the U.S. who travels abroad for the purpose of engaging in illicit conduct with a minor.^[22] However, child pornography, sex tourism and human trafficking remain fast-growing industries.^[23] Rep. Chris Smith, R-N.J. recently introduced H.R. 1623, the International Megan's law. Similar to the domestic Megan's Law (named after Megan Kanka of New Jersey), which provides for community notification when a sex offender is living in the area, H.R. 1623 would alert officials abroad when U.S. sex offenders intend to travel, and likewise encourage other countries to keep sex offender lists and to notify the U.S. when a known sex offender may be coming to the United States for sex tourism.^[24] While there are serious problems with the current domestic sex offenders’ registry, human rights organizations such as ECPAT and UNICEF believe this would be a step in the right direction. ^[25]

Global response

Over the recent years there has been an increase in the prosecution of child sex tourism offenses. At least 38 countries have extraterritorial laws that allow their citizens to be prosecuted specifically for child sexual abuse crimes committed whilst abroad, and another 31 nations have more general extraterritorial laws that could be used to prosecute their citizens for crimes committed during child sex tourism trips.^[1] In response to CST, non-governmental organizations (NGOs), the tourism industry, and governments have begun to address the issue. The World Tourism Organization (WTO) established a task force to combat CST. The WTO, ECPAT (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes) and Nordic tour operators created a global Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism in 1999. As of June 2005, 200 travel companies from 21 countries had signed the code. ^[26]

Some governments have taken steps to combat child sex tourism:

• Brazil: Brazil implemented a national awareness campaign on sex tourism.
• France: France’s Ministry of Education and travel industry representatives, developed guidelines on CST for tourism schools and state-owned Air France allocates a portion of in-flight toy sales to fund CST awareness programs.
• Gambia: The Gambia has created a hotline to which visitors can call to provide information to authorities on sex tourists.
• India: In India’s Goa state, film developers must report obscene depictions of children to police.
• Italy: Italy requires tour operators to provide brochures in ticket jackets to travelers regarding its law on child sex offenses both within the country and abroad.
• Senegal: Senegal has established a special anti-CST unit within the national police force with offices in two popular tourist destinations.
• Thailand: Thailand is providing victims with shelter and essential services.

Child sex abuse penalties

A growing number of countries worldwide (and the list following is not exclusive) have legislation that prosecutes tourists in their homeland should they engage in illicit sexual conduct in a foreign country with children.

Tourists from the USA

Under the PROTECT Act of April 2003, it is a crime, prosecutable in the United States, for a U.S. citizen or permanent resident alien, to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident alien intended to engage in such illicit sexual conduct prior to going abroad. For purposes of the PROTECT Act, illicit sexual conduct includes any commercial sex act in a foreign country with a person under the age of 18. The law defines a commercial sex act as any sex act, on account of which anything of value is given to or received by a person under the age of 18.^[27] Before congressional passage of the Protect Act of 2003, prosecutors had to prove that sex tourists went abroad with the intent of molesting children -- something almost impossible to demonstrate. The Protect Act shifted the burden, making predators liable for the act itself. Penalties were doubled from 15 years in prison to 30. ^[7]

Tourists from the United Kingdom

The Sexual Offences Act 2003 enables British citizens and residents who commit sexual offences against children overseas to be prosecuted in England, Wales and Northern Ireland.^{[28] [29]}. Similar provisions are in force in Scotland under the Criminal Law (Consolidation) (Scotland) Act 1995 ^[30]. Some of the offences carry penalties of up to life imprisonment and anyone found guilty will be placed on the Sex Offenders Register. The UK police and the Child Exploitation and Online Protection Centre (CEOP) and Interpol are actively involved in monitoring child sex tourists and do prosecute where necessary.

Tourists from Australia

Australia was one of the first countries to introduce laws that provide for jail terms for its citizens and residents who engage in sexual activity with children in foreign countries. The laws are contained in the Crimes (Child Sex Tourism) Amendment Act 1994 that came into force on 5 July 1994.^[31] The law also makes it an offence to encourage, benefit or profit from any activity that promotes sexual activity with children. It applies to individuals, companies, or corporations and provides for a term of up to 20 years imprisonment and/or a fine of up to $500,000.

Tourists from Canada

Canada has included in its Criminal Code provisions that allow for the arrest and prosecution of Canadians in Canada for offences committed in foreign countries related to child sex tourism, such as child prostitution, as well as for child sexual exploitation offences, such as indecent acts, child pornography and incest (Bills C-27 and C-15A that came into force on May 26, 1997, and July 23, 2002, respectively).^[32] Convictions carry a penalty of up to 14 years imprisonment.

References