Research Paper: Child Sex Tourism: Its Scope and the Law

Pages: 7 (2503 words)  ·  Bibliography Sources: 5  ·  Level: Master's  ·  Topic: Women's Issues - Sexuality  ·  Buy This Paper

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[. . .] Canada's Criminal Code lets it prosecute its permanent residents for having child sex in a foreign country. Child Sex Tourism Offences as well as Related Measures Bill during 2007 in Australia is another recent initiative. The UK Sexual Offences Acts of both 1996 as well as 2003 allows extraterritorial prosecutions. The Protection of Children Act 1978 in UK declares taking and circulating indecent photographs of children as punishable.

According to Office of Public Sector Information (OPSI), 1988, the UK's Criminal Justice Act 1988 seeks to create "a summary offence of possession of an indecent photograph of a child." In November 1997, the EU's Tourism Council propounded its stand against the issue. In 2007, the EU declared October 18 as an Anti-Trafficking Day.

Based on German Federal Ministry of Justice, 2007, we have the following key points regarding the efforts of G8 countries to create a fail-safe anti-CST framework:

• Extraterritoriality: Prosecute nationals even when they commit crimes abroad.

• Dual criminality: Whether the actual act has been classified as a crime in the said state where it has been committed should be disregarded.

• Goals of travel: Whether a previous intent to participate in child sex is established, prosecution should occur.

• Covered activities: All kinds of sexual abuses activities have to be covered.

• Prevention: Proactive measures are needed to limit CST. Internet is the medium of expansion of CST. The European Convention on Cybercrime recognized this very fact. U.S. provisions such as "realistic images representing a minor engaged in sexually explicit conduct" need to be amended as well.

The African Charter on the Rights and Welfare of the Child (famously referred to as "Children's Charter" saw the light through the Organization for African Unity (re-titled during 2001 as "the African Union") in 1990. It emphasized the cultural values as well as experiences of African people while it claimed authority over any conflicting traditions, rituals, and cultural or religious customs. According to African Charter on the Rights and Welfare of the Child (ACRWC), 2009, Democratic Republic of the Congo, Sahrawi Arab Democratic Republic, Somalia, as well as Sudan have yet to sign it while South Africa with its South African Films and Publications Act No. 34 of 1999 is advanced in ruling out the publication and exhibition of child sexual imagery (Republic of South Africa, 1999).

The Japanese legal system in its tradition has left few provisions for tackling CST. There were no laws to protect boys while the female sufferers could file a complaint within a 6-month timeframe. The age of sexual consent in Japan was 13. However, in 1999, Japanese parliament brought the Law for Punishing Acts Related to Child Prostitution, Child Pornography, as well as, for Protecting Children and it barred Japanese tour operators from conducting sex tours outside (Fraley, 2005).

Finally, we can say that law alone cannot fight CSA (Farrell, 2004). Sincere compliance to the law is needed while a commitment to act against perpetrators is obligatory. Thailand, a signatory to the UNCRC since 1992, passed its Prostitution Prevention and Suppression Act during1996. The Measures in Prevention and Suppression of Trafficking in Women and Children Act during 1997 in Thailand helps fight CST. It is unfortunate that these Acts cannot protect children within this industry. We find a grim picture of India in Debabrata (1998) as he shows how policemen become pimps; so perpetrators go unpunished. Even with the use of special police forces, special courts and special homes to fight trafficking, we do not find significant improvement.

Conclusion

Since tourism boosts the economy of many countries especially the developing ones, child sex tourism is spreading from one country to another in a fast pace. Word-of-mouth acts as compelling advertisement or campaign in this industry. Unless world leaders take concerted efforts, this industry cannot be reined in.

References

African Charter on the Rights and Welfare of the Child. (2009). African charter on the rights and welfare of the child: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Banse, R., Schmidt, A.F., & Clarbour, J. (2010). Indirect measures of sexual interest in child sex offenders: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Debabrata, R. (1998). When police act as pimps: Glimpses into child prostitution in India: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Fraley, A. (2005). Child sex tourism legislation under the protect act: Does it really protect: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

German Federal Ministry of Justice. (2007). G8 experience in the implementation of extraterritorial jurisdiction for sex crimes against Children: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Hall, J.A. (2011). Sex Offenders and Child Sex Tourism: The Case for Passport Revocation. Virginia Journal of Social Policy & the Law, 18:2.

Montgomery, H. (2008). Buying Innocence: child-sex tourists in Thailand. Third World Quarterly, Vol. 29, No. 5, pp 903 -- 917.

Office of Public Sector Information. (1988). Criminal Justice Act 1988: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Patterson, T. (2007). Child sex tourism: A dark journey. FBI Law Enforcement Bulletin: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children… [END OF PREVIEW]

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"Child Sex Tourism: Its Scope and the Law."  Essaytown.com.  May 16, 2014.  Accessed July 23, 2019.
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