CHILD SEX TOURISM AND TRAFFICKING

ABSTRACT

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children,
which is commercially facilitated child sexual abuse. The definition of child in the United
Nations Convention on the Rights of the Child is "every human being below the age of 18
years". Child sex tourism results in both mental and physical consequences for the exploited
children, which may include sexually transmitted infections (including HIV/AIDS), "drug
addiction, pregnancy, malnutrition, social ostracism, and possibly death", according to the State
Department of the United States.

INTRODUCTION

Child sex tourism, part of the multibillion-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. The children who perform
as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

Users of children for commercial and sexual purposes can be categorized by motive.
Although pedophiles are popularly associated with child sex tourism, they are not the majority of
users. There are preferential abusers who prefer children because they perceive the risk of sexually
transmitted infections to be lower. There are also situational users, which are users who do not
actively seek out children but for whom the actual act is opportunistic; there may be a lack of
concern to check the age of a prostitute before engaging in sexual activity.

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. A few 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.
GLOBAL RESPONSE

In recent years[when?] 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. As of May 2016, 173 countries have signed and ratified the Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography which is "Deeply
concerned at the widespread and continuing practice of sex tourism, to which children are
especially vulnerable". It also obliges parties to pass laws within their own territories against these
practices "punishable by appropriate penalties that take into account their grave nature". 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 The 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 U.S. Immigration and Customs Enforcement, or “ICE”, 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 Sheriff 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.

CONCLUSIONS

o NGO involvement, media attention and public pressure are essential to bring cases before courts.

o Investigation is time consuming when several countries are involved.

o International law enforcement cooperation is a challenge, procedures are complicated.

o Long court procedures, with the risk to low sentencing.

o Prosecution authorities shy away from prosecuting cases if the incidents are not seen as ‘severe
enough’. In the intervening time, suspects might be able to return to the place where they
committed the crime.

o The testimonies of child victims can be incoherent. Testimonies of child victims in their home
country need to comply strictly with requirements of national Codes of Criminal Procedure in
order to be eligible.

o Offenders get convicted due to strong commitment and good cooperation between law
enforcement agencies and NGO’s.

o If the accused is released on bail, he or she may find a way to disappear.

AUTHOR

SARTHAKA KUMAR RATH

S ‘O’ A NATIONAL INSTITUTE OF LAW

S ‘O’ A (DEEMED TO BE UNIVERSITY)

BHUBANESWAR