Child sex tourism

Child sex tourism has been closely linked to poverty, armed conflicts, rapid industrialization, and exploding population growth. 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. In 2012, the Special Rapporteur on the sale of children, child prostitution and child pornography reported: "Countries of origin of international child sex tourists vary depending on the regions, but the demand is usually recognized as coming from the industrialized countries, including the richer countries of Europe, North America, the Russian Federation, Japan, Australia and New Zealand. Australians, for instance, have been identified as the largest group of sex tourists prosecuted in Thailand (31 percent of the total). Of the 146 cases investigated by Action Pour Les Enfants (APLE) in Cambodia between 2003 and April 2012, 32 were American, 24 French and 20 Vietnamese. In the coastal regions of Kenya, for example, 30 percent were residents and 70 percent of the abusers were foreign: Italians (18 percent), Germans (14 percent), Swiss (12 percent.) Tourists coming from Uganda and the United Republic of Tanzania were fifth and sixth on the list. In Costa Rica, according to available information, between the 1999 and 2005, the Child Exploitation Unit had arrested a total of 74 persons on suspicion of commercial sexual exploitation of children. Of those arrested, 56 were Costa Rican nationals and 18 foreign nationals". 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. In Cambodia, it has been estimated that about a third of all prostitutes are under 18. In India, the federal police say that around 1.2 million children are believed to be involved in prostitution. Up until circa 2012, Brazil has been considered to have the worst child sex trafficking record after Thailand. As per Chris Rogers’ report on BBC World, "Now Brazil is overtaking Thailand as the world's most popular sex-tourist destination". DLN reports that "Brazil at the moment is on a high trend of child sex tourism and is all geared to take up the first spot beating out Thailand." Sex tourism targeting children creates huge monetary incentives for traffickers. Human trafficking impacts an estimated 1.2 million child victims. In 2009 the United Nations Office of Drugs and Crimes (UNODC) stated that 79% of all global trafficking is for sexual exploitation, which is one of the fastest growing criminal activities in the world. However, child pornography, sex tourism and human trafficking remain fast-growing industries. In September 2009 New Jersey Republican representative Chris Smith 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. While there are serious problems with the sex offender registries in the United States, human rights organizations such as ECPAT and UNICEF believe this would be a step in the right direction. ==Webcam child sex tourism==

According to the Federal Bureau of Investigation estimate, there are 750,000 predators online at any given time in 40,000 public chat rooms. Offers from 20,000 internet users to pay for webcam sex performances were found in a 10-week investigation conducted from a warehouse in Amsterdam, in the Terre des hommes Dutch action against WCST, using "Sweetie", a 3D computer model. Out of 21,000 perpetrators, 1,000 were identified from Australia, Canada, Jamaica, Germany, Ghana, India, Italy, Mauritius, the Netherlands, South Africa, Turkey, the United Kingdom, and the United States. 110 of the alleged online abusers were based in the UK and another 254 were traced to computers in the US. Together with Avaaz.org, Terre des Hommes Netherlands has created an online petition to pressure governments to adopt proactive investigation policies in order to protect children against webcam child sex tourism. ==Global response==

In 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 while 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. 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 Sexual Exploitation of Children in Travel and Tourism in Travel and Tourism in 1996. As of April 2013, over 1200 travel companies from 40 countries had signed the code. ==International law enforcement activities==

The United States' Homeland Security Investigations participates in investigating and capturing child sex tourists. In 2003 ICE launched "Operation Predator", leading to the arrest of over 11,000 child sexual abusers, including more than 1,100 outside the United States. While ICE agents refuse to comment on their means and methods of operation, media reports have suggested the use of undercover agents, internet sting operations, and sophisticated technologies. ICE agents in Bangkok did say however that they often receive information from local NGOs about foreigners in Thailand whom they suspect of engaging in child sexual abuse. Sometimes U.S. based law enforcement, such as local sheriffs' departments and parole officers, inform them of known sex offenders who are traveling to the region. In both cases, local ICE agents work with their Royal Thai Police counterparts to monitor the suspects’ movements while in Thailand. The UK police and the Child Exploitation and Online Protection Centre (CEOP) are actively involved in monitoring child sex tourists and do prosecute. INTERPOL actively pursues offenders as well. ==Policing of child sex tourism==

Asia • Cambodia: The Trafficking in Persons Report of 2010 reports that the sale of virgin girls continues to be a serious problem in Cambodia, and that a significant number of Asian and other foreign men travel to Cambodia to engage in child sex tourism. • China: The Trafficking in Persons Report of 2010 reports that the government of China did not take sufficient measures to reduce demand for forced labor, commercial sex acts, or child sex tourism. • Indonesia: The Trafficking in Persons Report of 2010 reports that child sex tourism is prevalent in most urban areas and tourist destinations, such as Bali and Riau Island in Indonesia. As for the Philippines, the report noted, "An increasing number of Koreans bought sex in the Philippines, sometimes abusing prostitutes. The Philippine government has urged the Korean government to take firm action against soliciting prostitutes, in particular buying sex from children." Technology such as the internet has helped increase accessibility of child sex tourism in the Republic of Korea. Some South Korean men arrange for children from the Philippines, Thailand, and China as sources of sex. The article goes on to say, "A 2008 report from the U.S. Department of State, 'Trafficking in Persons Report,' described South Korea as a significant source of demand for child sex tourism in Southeast Asia and the Pacific Islands." Yun Hee-jun, head of a Seoul-based group campaigning against sex trafficking, claims, "If you visit any brothel in Vietnam or Cambodia, you can see fliers written in Korean." • Laos: Lao Penal Law, Article 131 states: "Human trafficking means the recruitment, moving, transfer, harbouring, or receipt of any person within or across national borders by means of deception, threats, use of force, debt bondage or any other means [and using such person in] forced labour, prostitution, pornography, or anything that is against the fine traditions of the nation, or removing various body organs [of such person], or for other unlawful purposes. Any of the above-mentioned acts committed against children under 18 years of age shall be considered as human trafficking even though there is no deception, threat, use of force, or debt bondage. Any person engaging in human trafficking shall be punished by five years to fifteen years of imprisonment and shall be fined from 10,000,000 Kip to 100,000,000 Kip". Lao Law on Development and Protection of Women, Article 24 states: "If these acts are committed against children under 18 years old, then even though there is no deception, threat, force, or debt bondage, trafficking shall be regarded to have occurred. Any individual who co-operates with the offender [who commits] an offence mentioned above[,] whether by incitement, providing assets or vehicles to the offender, the provision of shelter, or the concealment or removal of traces of an infraction, shall be considered as an accomplice in trafficking in women and children". • Mongolia: The Trafficking in Persons Report of 2010 reports that South Korean and Japanese tourists engage in child sex tourism in Mongolia. • Thailand: Both governmental organizations and nongovernmental organizations have worked together to shut down brothels. They have also tried to increase awareness of child sex tourism and made attempts to stop it. • Dominican Republic: Some reports say that child sex tourism is a current problem, particularly in coastal resort areas, with child sex tourists arriving year-round from various countries. The Code for the Protection of the Rights of Children and Adolescents, Law 136-03 conceptualizes crime of using children and adolescents in paid sexual activity. • Jamaica: The Trafficking in Persons Report of 2010 reports that NGOs (Nongovernmental Organizations) and local observers state that there is a child sex tourism problem near Jamaica's resort areas. • Brazil: The US Department of State reported that child sex tourism remains a serious problem, particularly in tourist areas in Brazil's northeast. Most child sex tourists come from Europe, and some come from the United States. Brazilian authorities are not directly involved with prosecuting sex tourists and instead allow NGOs to prosecute those participating in child sex tourism. A Brazilian law newly introduced in 2000, states, "to submit a child or adolescent, as defined in the caput of article 2 (children: people younger than 12 years; adolescents: people between 12 and 18), prostitution or sexual exploitation is punishable by imprisonment for four to ten years and a fine." • Colombia: Article 219 of the Colombian criminal code prohibits, "organizing or facilitating sexual tourism and provides penalties of 3 to 8 years’ imprisonment", but there were no reported prosecutions or convictions of child sex tourists. In recent years, Colombia has strengthened legislation related to control trafficking of children, particularly to follow the criminal code. However, a law is still pending approval by the Code for Children and Adolescents, which includes the rights and guarantees of children and adolescent victims of commercial sexual exploitation. • Ecuador: Child sex tourism occurs mostly in urban areas, and in tourist destinations, such as the city of Tena and the Galapagos Islands. • Peru: Child sex tourism is present in Iquitos, Madre de Dios, and Cuzco. Traffickers reportedly operate illegally in certain regions where governmental authority lacks. Although some areas of the country are known child sex tourism destinations and Peruvian laws prohibit this practice, there were no reported convictions of child sex tourists. The government trained 710 government officials and tourism service providers about child sex tourism, conducted a public awareness campaign on the issue, and reached out to the tourism industry to raise awareness about child sex tourism; to date, 60 businesses have signed code of conduct agreements nationwide. • Uruguay: Government officials maintained efforts to reach out to hotel workers and to others in the broader tourism sector to raise awareness about child sex tourism and the commercial sexual exploitation of children. Uruguay's educational system continues to include trafficking education to high schools. ==Extraterritorial jurisdiction==

A growing number of countries have specific extraterritorial legislation that prosecutes their citizens in their homeland should they engage in illicit sexual conduct in a foreign country with children. In 2008, ECPAT reported that 44 countries had extraterritorial child sex legislation. The following list includes specific citations: 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. The law also makes it an offence to encourage, benefit or profit from any activity that promotes sexual activity with children. It is a crime for Australian citizens, permanent residents or bodies corporate to engage in, facilitate or benefit from sexual activity with children (under 16 years of age) while overseas. These offences carry penalties of up to 25 years imprisonment for individuals and up to $500,000 in fines for companies. 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). Convictions carry a penalty of up to 14 years imprisonment. Hong Kong In Hong Kong, the Prevention of Child Pornography Ordinance (Cap. 579) of December 2003 introduced offences in regard to child sex tourism, giving extraterritorial effect to 24 sexual offences listed in a new Schedule 2 to the Crime Ordinance (Cap. 200). This makes it illegal for acts committed against a child outside Hong Kong if the defendant or the child has connections with Hong Kong. It is also an offence to make any arrangement relating to the commission of such acts against children and to advertise any such arrangement. Ireland In Ireland, the Criminal Law (Sexual Offences) Act 2017 gives worldwide jurisdiction to prosecutors when pursuing Irish born offenders through the courts on criminal charges in relation to the sexual exploitation of children, with offences such as sexual acts with a child or producing child pornography being treated as if having been committed in Ireland itself no matter what country it actually occurred in. Israel Israeli Penal Code, Chapter 1, Section 15, states that Israeli penal law shall apply to foreign offenses, whether felony or misdemeanor, which are committed by an Israeli citizen or resident of Israel, without exception, in cases relating to Chapter VIII, Article X (Prostitution and Obscenity) regarding minors. Section 203B under Article X are penal laws regarding the exploitation of minors for prostitution by way of pimping and trafficking. Section 203C under the same article is a penal law specific to the client: "A person served by an act of prostitution of a minor, shall be liable to three years imprisonment." As of February 2016, section 203C is in the process of amendment to increase imprisonment from three years to five years. Japan The 1999 Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protection of Children stipulates "that a person who is involved in child prostitution, who sells child pornographic products or who transports foreign children to another country for the purpose of forcing them into prostitution shall be punished with imprisonment with labor or a fine. Japanese nationals who commit such crimes abroad shall be punished with the same penalty". New Zealand Under The Crimes Amendment Act 2005 "...it is an offence: For New Zealand citizens and residents to engage in sexual conduct or activities with a child in another country". Russia Criminal Code of Russia, Article 12 states "The Operation of Criminal Law in Respect of Persons Who Have Committed Offences Outside the Boundaries of the Russian Federation[:] 1. Citizens of the Russian Federation and stateless persons permanently residing in the Russian Federation who have committed outside the Russian Federation a crime against the interests guarded by the present Code shall be subject to criminal liability in accordance with the present Code, unless a decision of a foreign state's court exists concerning this crime in respect of these persons". Federal Act No. 380-FZ of 28 December 2013 amended the Criminal Code by also adding laws regarding the receiving of sexual services from a minor. Under the amended article 240.1 of the Criminal Code, "The receipt of sexual services from a minor aged from 16 to 18 by a person who has reached the age of 18 is punishable by up to 240 hours of compulsory work, or restriction of freedom for up to 2 years, or forced labour for up to 4 years, or deprivation of liberty for the same period. In this article, sexual services are understood to mean sexual intercourse, sodomy, lesbianism or other acts of a sexual nature, a condition of the performance of which is monetary or any other remuneration of a minor or third party or the promise of remuneration of a minor or third party". Article 240.3 (amended by Federal Act No. 14-FZ of February 29, 2012) states "The deeds provided for by Parts One and Two of this Article which are committed with the involvement in prostitution of persons who are to be under 14 years old – Shall be punishable by deprivation of liberty for a term of three to 10 years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years and with restriction of liberty for a term of from one year to two years or without such". Switzerland Swiss Federal Office of Police state "Swiss federal authorities have stepped up their efforts in fighting child sex tourism in recent years. A special fedpol unit dealing with child pornography and pedocriminality offences co-operates closely with numerous partner services both at home and abroad. Since June 2008, an online form has been available to the general public to report cases of child sex tourism to the appropriate judicial authorities". Swiss Criminal Code Article 5 3. (Territorial scope of application / Offences against minors abroad) states: "1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad: abis.3 sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196); b. sexual acts with children (Art. 187) if the victim was less than 14 years of age;". Article 296 3. (Exploitation of sexual acts / Sexual acts with minors against payment) Amended 27 September 2013, states: "Any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return is liable to a custodial sentence not exceeding three years or to a monetary penalty". Article 187 1. (Endangering the development of minors / Sexual acts with children) states: "1. Any person who engages in a sexual act with a child under 16 years of age, or, incites a child to commit such an activity, or involves a child in a sexual act, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. The act is not an offence if the difference in age between the persons involved is not more than three years." South Korea Under The Act on the Protection of Children and Juveniles from Sexual Abuse, Article 33 (Punishment of Korean Citizens who Commit Offenses Overseas) states: "Where criminally prosecuting a Korean citizen who commits a sex offense against a child or juvenile outside the territory of the Republic of Korea, pursuant to Article 3 of the Criminal Act, the State shall endeavor to obtain criminal information swiftly from the relevant foreign country and punish such offender". According to a 2012 ECPAT report "progress is needed with regard to the enforcement of extraterritorial jurisdiction concerning nationals who have sex with children abroad... depending on which South Korean law is being applied, the definition of "child" varies...These varying definitions create uncertainty as to how the various laws will be applied and invite a lack of cooperation or lack of uniformity in enforcement by multiple agencies" 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. Similar provisions are in force in Scotland under the Criminal Law (Consolidation) (Scotland) Act 1995. Some of the offences carry penalties of up to life imprisonment and anyone found guilty will be placed on the Sex Offenders Register. As of 2013, two British citizens are in jail following trials based on this legislation: Barry McCloud and David Graham. United States Under the PROTECT Act of April 2003, it is a federal 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. 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 up to 15 years in prison to up to 30 years in prison. European Union Under the European Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, Member States have to prosecute their citizens for child sex offences committed abroad. By 2015, most Member States have implemented this directive. A proposed revision of the Directive under consideration. ==References==