Child Sex Tourism Laws and Legislation Implementation - Essay Example

Child Sex Tourism Introduction Various efforts had been considerably made within and among countries in the world in order to stop commercial sexualexploitation of children. Congressional bills, laws, and several legislations and provision were enacted in order to suppress trading of young girls and boys for sex among foreigners. The enforcement of various statutes had generated significant effects when huge numbers of arrests of sex tourists were reported. Men, as well as women were prosecuted and incarcerated upon finding them guilty of the crimes filed against them involving commercial sexual exploitation of children. On the other hand, international laws and legislation were found to have yet to meet ends with the fight against child sex tourism. Since it has become a global dilemma, laws on commercial sexual abuse among children in each country must recognize and adhere to a unified agreement on legislation as well as its implementation to ensure success in combating child sex tourism. Child sex tourism (CST) is the commercial sexual exploitation of children by persons who travel from their own country to engage in sexual acts with children (Fraley, 2005). The United Nations has basically the same definition such that it is an organized tourism (the nature of which encompasses many activities) that facilitates the commercial sexual exploitation of anyone under18 years of age (Patterson, 2007). Travel and tourism, for which involves the associations between and among countries are significant factors that play in the prevalent success of this sex trade of minors. Consequently, even as one country becomes more rigorous in implementing its laws against the commercial sexual exploitation of children, they may not be just as successful without the cooperation of the other. Non-committal among nations who even had the most number of victims were found to be one among these factors affecting the prevention of the occurrence of such horrendous criminal acts. The United Nations and various Non-government organizations (NGOs) had synergized with the developed nations in order to strengthen the need to stop child prostitution. This collaboration had been intended to promote various provisions and campaigns towards an intensive and stringent implementation of appropriate and effective strategies against child sex tourism. Child Sex Tourism Laws and Legislation Implementation The United States has been found to be one of the most frequent child sex tourists preying especially on the less developed countries. Studies have revealed that twenty-five percent of sex tourists are Americans (Andrews, 2004; Fraley, 2005; Patterson, 2007). Due to this fact, the American government had posed various laws and legislations that would make the address such national dilemma in the global community. Investigations and prosecutions had been extremely examined and reformed so as to find the best solution in combating sexual exploitation among minors. These had included provisions, bills and campaigns where an awareness of the problem is inhabited among those who are concerned. Furthermore, the US had been able to work with non-government and global organizations in order to promote an international legislation that seeks to encourage the participation of the different nations around the world (Andrews, 2004 & Fraley, 2005). The initial law that was enacted against child sex tourism was the White Slave Traffic Act in 1910, popularly known as the Mann Act. The act had prohibited the transport of any woman or child in interstate or foreign commerce for the purpose of prostitution, or debauchery, or for any immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice (Andrews, 2004 & Fraley, 2005). Because of the growing concern on the commercial sexual exploitation of the children, non-governmental organizations (NGOs), the U.N., and the media had hyped up the need to combat against its offenders. The Mann Act was extended across international boarders prosecuting both US citizens and permanent residents who were accused of having an intention to engage in such criminal act – later on labeled as the Child Abuse Prevention Act of 1994 or the 1994 Act (Andrews, 2004). Later on, the Trafficking Victims Protection Act was passed by the Congress in 2000 which recognizes the need of the victims of trafficking and further providing them these needs (Fraley, 2005). Further development in the US legislation concerning the government’s fight against child sex tourism was the revision made on the Child Abuse Prevention Act of 1994. This was then regarded as the Sex Tourism Prohibition Improvement Act of 2002 or the 2002 Act. The intent requirement prior to the offenders’ prosecution was removed. On the other hand, sex tour operators or businesses were finally criminalized. The Congress had recognized the roles that these businesses had in the continuous increase of sex tourists across borders. The growth of the sex trade particularly among the children has grown tremendously and was found to have been intensified through sex tour operators worldwide (Fraley, 2005). However, the government was faced with the dilemma of providing evidences of actual exploitation of the minor (Andrews, 2004). The most recent developments have been that of the Prosecuting Remedies and Tools Against the Exploitation of Children Today Act of 2003 or the “PROTECT Act” that increased the years of incarceration of the offenders found guilty of the Act. Coupled with the PROTECT Act, Congress also established Operation Predator, which brought together a wide range of federal government officials and law enforcement agents to target Americans and resident aliens who sexually exploit children-including through child pornography-in the United States and abroad (Fraley, 2005). However, considering the numerous developments on laws and legislations enacted against child sex tourism, various problems had yet to face the prevention of the crime. Even as the US government imposes on its laws territorial jurisdiction over the crimes committed, the dilemma lies on the host country where the exploitation took place. Although the latter had been applicable, they have remained neither willing nor able to prosecute the offenders (Andrews, 2004). Other impediments found to affect or impede the execution are the differences in the age of consent among and between the states involved. Double criminality, on another requires that the crime committed abroad must be considered an offence in both countries before the prosecution takes place (Fraley, 2005). Distance and language were among other things that make the gathering of evidences more complicated (Andrews, 2004 & Fraley, 2005). Conclusion The fight against child sex tourism remains a global struggle. It does not only involve the country who has the most number of offenders and violators of the said illegal act but those whose victims of which reside. Without the proper identification of its causes and the appropriate ways of resolving such problems, even the strictest legislation or laws may not be enough to suppress it. Moreover, the differences on laws and legislations enacted world wide on child sex tourism greatly affect its deterrence. References and Works Cited: Andrews, S. 2004. U.S. Domestic Prosecution of the American International Sex Tourist: Efforts to Protect Children from Sexual Exploitation. Journal of Criminal Law and Criminology. Retrieved from http://libproxy .howardcc.edu:2085 on March 11, 2008. Barnitz, L. 2003-04. Commercial Sexual Exploitation of Children: Youth Involved in Prostitution, Pornography and Sex Trafficking. DC: Youth Advocate Program International. Fraley, A. 2005. Child Sex Tourism Legislation Under the Protect Act: Does it Really Protect? St. John’s Law Review. Oppermann, M. 1999. Sex Tourism and Prostitution: Aspects of Leisure, Recreation, and Work. Annals of the Association of American Geographers. Retrieved from http://links.j stor. org/ sici?sic i=0004- 5608(199909)89%3A3%3C566%3ASTAPAO%3E2.0.CO%3B2-V on March 11, 2008. Patterson, T. 2007. Child sex tourism: a dark journey. The FBI Law Enforcement Bulletin. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=f5h&AN =25002868&site=ehost-live on March 10, 2008. The Christian Science Monitor. 2004. Global campaign to police child sex tourism. The Facts About Child Sex Tourism. U.S. Department of State. Retrieved from http://www.state.gov/documents/organization/51459 .pdf on March 10, 2008. Read More