Sex Exploitation of Children Human Trafficking Child Sex Tourism USA/CA & ASEAN

Biology & Psychology

Girls start menstruating between 9 and 16 Boys become fertile between 11 and 17 Age of onset of puberty has been decreasing Prepubescent is before puberty, pubescent is in the first couple stages of the process WHO considered adolescents age 10 to 19 Young adults 19-24 Erikson s young adults stage includes development of intimacy & commitment

Pedohebephilia
DSM criteria include fantasies, urges, or behaviors related to intense sexual arousal from prepubescent or pubescent children ; equal or greater arousal from such children than from physically mature individuals Persons with disorder may be impaired, seek stimulation with more than 1 child, repeatedly use child pornography for 6 months or longer Pedophiles are 18 or older & 5 years older than the children they fantasize or have urges about, or have victimized

 Universal Declaration of Human Rights Convention Against Trans-National Organized Crime Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children Protocol against the Smuggling of Migrants by Land, Sea and Air Convention on the Elimination of All Forms of Discrimination against Women ASEAN Declaration on Transnational Crime

Key Agreements

Convention on the Rights of the Child

Art19, abuse; art24, education, abolition of harmful traditional practices; art27, right to adequate standards of living; art32, right to protection from exploitation; art35, prevention of abduction, trafficking; art36, protection from exploitation; art37, no inhumane or degrading treatment, right to dignity, right to liberty and legal assistance Optional protocol on sale of children, child prostitution, and child pornography Children are all people under 18

Covenant on the Rights of the Child in Islam

Strengthen family, prevent economic, social or health deterioration Ensure balanced and safe childhood Provide free compulsory primary and secondary education without discrimination Rights to life (art6), identity (art7), family cohesion (art8), personal views and opinions (art9), education & culture (art12), rest and activity times (art13), social living standard (art14), health (art15), protection from drugs, trafficking, humiliation, abuse, exploitation (art17), no child labour (art18), justice (art19), dignity, freedom from harmful traditional practices, responsible parents (art20)

ILO Convention 182, Child Labour

Article 3 defined the worst forms of child labour as slavery, trafficking in children, debt bondage; use of, procuring or offering a child for prostitution, for the production of pornography or performances; work which endangers the health, safety or morals of children

Tourism Sector
World Tourism Organization s Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism International Hotel and Restaurant Association s Protection of Children in Hospitality, and Youth at Risk Projects

Canada & USA

Canon law, English common law tradition; Civil Code in Quebec and former Louisiana Civil and human rights orientation recently Economically and politically powerful High per capita GDP OECD and NATO nations

Canada
Age of majority 18-19 depending on province Age of consent was 14, changed to 16 in 2008 (Tackling Violent Crime Act); close in age exception to 12-13 year olds; marriage exception for 14-15 year olds, though marriage ages are 16-18 (unclear) Age of consent for exploitation is 18 (pornography, prostitution, with authority figure)

Canadian Criminal Code, all people

Sexual Assault (s271), 10 yrs, 18 mo. summary W/ weapon (s272), min 5(7 for 2nd), max 14 yr Aggravated (s273), min 5(7), max life Voyeurism (s162), 5 years Obscenity (s163), seizure & injunction Trafficking in persons (s279.01), max life if involving kidnapping, assault, death, min 6, max life if with under 18s; otherwise 14 years, min 5 if involving under 18s

Child-specific
Sexual Interference (s151), touching under 16, 10 years Invitation to Sexual Touching (s152), under 16 himself/herself, 10 years Exploitation (s153), authority figure over 1617 year old, touching either party, 10 years Incest (s155), 14 years Child Porn (s163.1), making & distributing, min 1yr, max 10 years, 90d-18mo summary; possession, min 45d, max 5yr, 14d-18mo sum.

Child-specific continued
Luring (s172.1), computer crime, 10 years Exposure (s173(2)), of genitals to person under 16 for sexual purpose, 6 months Procuring (s170,171,212(2-2.1, 4)), parental procurement and consumption included, 14 yr Bestiality (s160), including children, 10 years Child Sex Tourism (s7(4.1, 4.3)), extraterritorial involving Canadian outside of CA

USA
Age of majority 18, some criminal liability 14, depending on state may be as young as 12 Age of consent 16 (Fed & 34 states), 17 (6 States), 18 (11 States); some states may allow children as young as 12 to legally engage in consensual sex with a partner who is within a certain age range (NM min 13, age diff 4) Marriage 18, 21 Miss., 16 with parental consent, no minimum in CA & KY

US Code Title 18, Part 1

Ch 71 1466A: child porn, min 5yrs, max 20, for repeats min 15, max 40; 1470: Transfer of Obscene Materials to Minors, to persons under 16, 10 years (penalties under 2252A) Ch 77: Peonage, Slavery, and Trafficking in Persons; 1591 Sex trafficking of children, age<14 min 15yrs max life, 14<age<18 min 10 yrs max life; up to 20 years for obstruction; extraterritorial jurisdiction

US Code Title 18, Part 1 continued

Ch 109A: Sexual Abuse, 2242 up to life for violent cases, 2243 of a minor or ward, 12<age<16 & 4+ years younger than the offender, 15 yrs Ch 109B 2250, failure to comply with the Sex Offender Registration and Notification Act, 10 years, 5-30 years if a crime is committed

US Code Title 18, Part 1 continued

Ch 110: Sexual Exploitation and Other Abuse of Children, 2251 15-30 yrs, 25-50 w/1 prior, 35-life w/2 priors, 30-life or death if victim dies, 2251A selling and buying, 30yrs-life; 2252 porn distribution incl. via computer, 5-20yrs, 15-40yrs w/ prior, 10-20 yrs for hard copy; 2258 failure to report, 1 year Ch 117: Transportation for Illegal Sexual Activity and Related Crimes, 2423, under 18 victims, 10 yrs to life for transport, up to 30 years for travel with intent to engage, up to 30 years for illicit acts in foreign lands, up to 30 years for ancillary offences

Other Laws
Child Abuse Act of 1990 Child Protection and Sexual Predator Punishment Act of 1998 added to Code Megan s Law Sex Offender Registry Jessica Lunsford Act 25 years minimum, maximum life sentences for 1st time offenders

ASEAN
Confucion, Hindu, Buddhist, Canon, and Sharia religious law traditions Common law, Civil law, Sharia, Socialist, Customary legal systems Free market capitalist, socialist, communist, authoritarian, fascist influence Developing and third world; Singapore is an exception, but it s still considered developing by the World Bank due to its size and location

Brunei
Age of majority 18; consent 16; marriage 18 Penal Code, Women and Girls Protection Act, Children Act, and Undesireable Publications Acts deal with sexual offences Art375-76 Penal Code: under age 14 is rape, under 13 if a man & wife; 8-30 yrs & 12 strokes of the whip for cases inv. Age<14 Unnatural offences (art377, ch22): up to 10 yrs; incest up to 10 yrs

Brunei continued
Unlawful Carnal Knowledge Act: less than 16 & out of wedlock, 2-7 yrs & up to 24 strokes with rattan for adults, 12 for youths Penal Code: Art366A procuring age<18, Art366B importation, Art367 kidnapping, Art368 concealing abduction, Art370 buying or disposing of slaves, Art372 selling minors into prostitution, Art373 buying minors for prostitution, Art373A Importing for prostitution, up to 30 yrs & 12 strokes

Brunei Continued
Women & Girls Protection Act Art3-5, selling or hiring girls under 21 for prostitution or ancillary offences, 5 years and $20,000 Undesireable Publications Act Art4, distribution or production or sale, 3 years and $3,000 for 1st, 4 years and $5,000 for subsequent; possession 1 year & $2k 1st time, 2 yrs &$3k subsequent S292 Penal Code, sale of obscene articles, 2 yrs & $500-$5000 1st time, 5 yrs & $1000-$30000 subsequent

Cambodia
Age of majority 18; consent 16; marriage 20 for men, 18 for women Art42 of Criminal Code, exploitation including prostitution of minors, 3-6 years Kidnapping for the Sale or Prostitution Act Art3, 10-15 yrs for any persons, 15-20 yrs for age<15, 10-20 yrs for pimps Ch4 Art7-8, child porn, 1-5 yrs & 5mil-30mil Riels, double for repeat offenders; 10-20 years for debauchery of minors under 15, max penalty for repeat offenders

Indonesia
Age of majority 15 for females, 18 for males; 16 years for all under Penal Code; consent 19 for males, 16 for females; marriage 18 for males, 15 for females Penal Code: Art281, offence against decency, 2yrs; Art282, indecent publications, 16 months or 3000 Rupiahs; Art284, adultery, 9 months; Art285, rape, 12 yrs; Art286, carnal knowledge of helpless or unconscious, 9 yrs; Art287, carnal knowledge age<15 (upon complaint, except when age<12), 9 yrs; Art288, other carnal knowledge, 4 yrs, 8 w/injury, 12 w/death; Art289-92, obscene acts, 9 yrs w/force, 7yrs age<15, 12 yrs w/injury, 15 yrs w/death, 5 yrs w/same sex minor; Art 293, exploitation of minors, 5 yrs; Art294, obscene act as an authority figure, 7 yrs

Laos
Age of majority 18 Penal Code: art128, rape 15<age<18, 1-5 yrs & 10-50mil Kip; art129, sex with person under 15, 1-5 yrs & 2-5mil Kip; art132, prostituting age<15, 3-5 yrs, 10-50mil Kip; art138, child porn, 3mo-1yr, 200k-5mil Kip

Malaysia
Age of majority, criminal responsibility 10; consent 16; marriage 18 or w/Islam consent Child Act 2001 Anti Trafficking in Persons Act 2007: 3-20 yrs and a fine for trafficking children; up to 15 yrs and 50,000 Ringit for profiting from exploitation of trafficked persons

Malaysia Continued
Penal Code: art372-a, exploitation & prostitution, ancillary offences, up to 15 yrs & whipping; art372b, soliciting, up to 1 yr; art373, brothels, up to 15 yrs; art376, rape, 5-20 yrs & whipping; art376a, incest, 6-20 yrs & whipping; art377 bestiality, up to 20 yrs & whipping; art377a-c, oral and anal sex, up to 20 yrs & whipping, 5-20 yrs & whipping w/force or coercion; art377d, outrage of decency, up to 2 yrs; art377e, inciting children into indecency, up to 5 yrs & whipping

Myanmar
Under 16 = child , 16-18 = youth , customary law & local culture determine marriage and sex ages Penal Code: s366, child prostitution age<18, up to 10 yrs; s372 procuring age<18, up to 10 yrs; s373, consumption of minor prostitution services, up to 10 yrs; s375-6, rape age<14, up to 10 yrs unless within marriage over age 12 (unclear); s377, offences against the order of nature, up to 10 yrs

 Child Law 1993, Ch18: employing or permitting hazardous work, aiding truancy, up to 6 months & fine; neglect of prostitution age<16, permitting consorting with prostitutes, child porn, up to 2 yrs & fine Anti Trafficking in Persons Act 2005, Ch9: 10yrs to life for traffickers of women, children, and youth; 3-7 yrs for fraudulent adoptions/marriages, or documents; 10-15yrs for trafficking into porn, 10life in an organization; 3-7 for corrupt public officials involved

Myanmar Continued

Philippines
Age of majority, consent, marriage 18 Statutory rape under the old penal code is involving a victim under 12 years of age, though the Anti-Child Exploitation Law of 2010 (bill) sought to raise that to 16, up to life in prison (reclusion perpetua), death for cases causing death or insanity Penal Code Ch3, seduction of virgins 12<age<18 by authority figures, seduction of minors, acts of lasciviousness with consent, corruption of minors, white slave trade (prostitution), minimum and medium periods in prison

Philippines Continued
Penal Code Ch2: obscene publications, prostitutes, minimum prison & fines Art278, exploitation of minors, minimum to medium period imprisonment and fine RA No. 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act, 1 mo to life in prison RA No. 9775 Anti Child Pornography Act, 1 mo to life in prison and 50k-5mil Pesos

Singapore
Age of majority 21, consent 16, marriage 18 Penal Code: s375-6, statutory rape, under 14 years old, up to 20 years plus fine or caning, min 8 max 20 & 12 cane strokes for non-consensual rape of victims age<14; art90 grants consensual power at age 12 (unclear); s377, unnatural offences, up to 10 yrs and a fine; s376A-C, incest, up to 5 years, up to 14 years if victim is age<14; art354, outrage of modesty, touching, assault, up to 2 yrs & fine or caning

Singapore Continued
Women s Charter: s140, procuring, facilitating, carnal connection with persons under age 16, up to 5 years and $10,000, w/caning for subsequent offences; operating or owning a brothel where underaged persons are prostituting, up to 3 yrs & $2000; pimping, living on earnings of a prostitute, 5 yrs & $10000, w/caning for subsequent offences; trafficking women & girls, importation, 5 yrs & $10000 Children & Young Person Act, child porn, 2yrs & $5000, 4 yrs & $10000 for subsequent offences

Thailand
Age of majority 18, marriage 17 Child Protection Act Criminal Procedure Amendment Act grants children rights to videotape surroundings for evidence to protect against repeat victimization Penal Code: s277, sex with person age<13, 7-20 yrs & 14k-40k Baht, up to life w/ violence, death if resulting in death; s285, if perpetrator is authority figure, +1/3rd on sentence; s279, indecent acts w/ children age<13, 10 yrs & 20k Baht, 15 yrs & 30k Baht w/ force; s287, child porn trading, 3 yrs & 6k Baht

Thailand Continued
Prostitution Prevention and Suppression Act: s8, sex w/ person 15<age<18, 1-3 yrs & 20k-60k Baht, 2-6 yrs & 40k-120k Baht if age<15; s9, trafficking, 1-10 yrs & 20k-200k Baht, 5-15 yrs & 100k-300k Baht for persons 15<age<18, 10-20 yrs & fine for persons age<15, +1/3rd if violence or coercion accompany offence; s10, 4-20 yrs & 80k-400k Baht for parents or guardians who collude; s11, brothel owners or managers, 3-15 yrs & 60k-300k Baht, if prostitutes 15<age<18, 5-15 yrs & 100k-300k Baht, if prostitutes age<15, 10-20 yrs & 200k-400k Baht

 Information on Vietnamese law is less accessible than that for other nations, Interpol offered no review of relevant laws Penal Code: art111, rape, 2-7 yrs, for victims between 16 and 18, 5-10 yrs; art112, rape victims 13<age<16, 7-15 yrs, resulting in pregnancy or incestuous or causes health problems or if perp is authority, 12-20 yrs, 20 yrs to life or death for habitual offenders or those spreading HIV, 12-20life or death if vic is under 13; art114, forcible sex w/ children age 13-16, 5 to 10 yrs; art115, sex w/ children, 1-5 yrs, 3-10 yrs for repeats & extra effect, 7-15 for spreading HIV & harming health

Vietnam

Vietnam Continued
Penal Code: art116, obscene acts against children, 6 mo to 3 yrs, 3-7 yrs for repeaters & serious consequences; art119, trafficking in women, 5-20 yrs & 5mil-50mil Dong; art120, trading in children, 3-10 yrs, in an organization or habitual or for prostitution, 10-20 yrs to life & 5mil-50mil Dong

Formal Contact with Police

2003

2004

Count 2005 2006

2007

2008

287 351 Canada 26,350 26,066 USA 14 32 Brunei 84 78 Singapor Thailand Convicted of Rape

303 270 266 259 25,528 24,535 23,307 22,584 17 24 54 46 2,063 2,237

2003
Canada USA

2004
2,138 12,310

Count 2005 2006

2,064 1,978

2007

2008

2,273

2003 Brunei Philippin Singapor Thailand Canada USA

24 3,084 110

UNODC (Date) Rape Counts 2004 2005 2006

26 2,918 103 24 2,982 124 5,071 28 2,584 118 5,308

2007
2,409

2008
2,585

531
93,883

587
95,089

565
94,347

570
92,757

528
90,427

491
89,000

Canada Philippin

UNODC Sex Offences Against Children Counts 2003 2004 2005 2006 2007 55 54 52 188 542
7,316 7,562 6,320 6,114 8,688

2008 1,379
8,588

UNODC Trafficking in Persons at the National Level Offence Counts

2003 Canada Brunei Malaysia Singapore

2004

2005
0 0 12,580 0

2006
3 0 12,901 0

2007
10

2008
9

Sexual Incidents Prevalence Rate 1989 1992 1996 2000 Canada 4 3.8 2.7 2.1 4.5 2.3 2.5 1.5 USA 2.4 2.4 2.4 1.7 All Sexual Incidents per 100 1989 1992 1996 2000 Canada 6.9 7.1 4.8 3.8 10.4 4.9 2.8 USA 4.7 4.9 4.8 3.6 All

US Courts 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Change

Total Sex Offender Defendants 884 993 1052 1201 1452 1774 1855 2225 2633 2817 218%

Sexual Sexual Abuse Abuse of Defendents Minors 387 394 392 488 324 342 305 386 378 400 23%

Sexually Explicit Materials

Transportation for Illegal Sexual Activity

26%

814 1075 1193 1367 1671 1795 120%

239 246 271 259 241

US Courts 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Change

Total Convicted Nolo Convicted Guilty Conten by Court or and Plea Sentenced dere Jury 812 751 2 59 906 858 1 47 936 880 0 56 1111 1050 1 60 1347 1272 75 1637 1532 75 1717 1626 91 2047 1946 101 2433 2310 123 2653 2515 138 227% 235% 134%

Average Prison Sentence in Months 61.6 61.1 72.7 76.3 83.9 100.3 114.6 110.3 111.9 111.2 81%

For Sexual Abuse (of minors 2005 and after) 84.7 89.5 113.7 109 136 189.6 210.3 211.1 247.3 228.5 170%

or a on

65. .5 .7 92.5 92.1 95.4 45%

5. 87. 101.1 124.6 128.8 134.2 57%

 



  

US For e Courts E 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Chan


a a er a

For Tra



Statistics Canada 2001 2002 2003 2004* 2005 2006 2007* 2008 2009

Sexual Assaults (1, 2, & 3 for % Against 2004 and after) % Against <12 Youth 12-17 12691 25 32.4 12003 21.4 33.5 13791 24.4 33.7 23534 23303 22136 21434 21483 20931

Sexual Violations Against Children

Child Pornography

542 1379 2620

1407 1408 1594

* Change in reporting methodology

Outrag e of Si gapore Modest Poli e y 2004 1096 1308 2005 1280 2006 2007 1236 2008 1273 2009 1414 2010

Involving internet & telephone chat 10 14 12

Involving Youth Student Victims

Statuto ry Rape 12-14

396 416

28 57 61 83 50

Stat. Rape & Carnal Connection Rape 12-15 103 124 118 316 129 310 167 202

Involving internet & telephone chat 10 14 5

Quick Facts
ILO (2000) estimated 1.8 million child prostitutes worldwide; UN (2006) estimated 2 million or more 79% of human trafficking is sex exploitation (UNODC) Trafficking is a $10bln dollar annual industry, 50% from children (UNICEF 2005) In 1990, 250 million child pornographic images were available (UNWTO) Most sex tourists are opportunists, or situational sex abusers rather than full-time pedophiles

Quick Facts Continued

25% of child sex tourists are American citizens Thailand is the #1 destination country for human trafficking in the Mekong region; estimates for child prostitutes range between 15k-800k; Chinese, Cambodian, Burmese, and Laotian children are trafficked-in; Thailand has the second highest teenage pregnancy rate in the world 15.5%-47% of prostitutes in Cambodia are children; 30,000 said the Women s Affairs Minister; customers are 36% Kh, 42% Eastern, 22% western & unknown 100,000 child prostitutes are in the Philippines

At-Risk Factors
Statelessness Poverty Lack of education Dysfunctional communities Minority sects Poor law enforcement, infrastructure, government complicity Low self-esteem Traditional values Early marriage can be related to exploitation

Strategy Components
Strong legislation, enforcement options, qualified and capable, willing personnel Rehabilitation and counseling services Parental, community, business, landlord culpability potentials Strong business commitment, voluntary recordskeeping, suspicious activity reporting Commitment to international reporting Private policing, koban system, incentives at the community level, school and religious involvement in reduction, prevention, and suppression

Rewards & Incentives

Increased private involvement can increase budgets Business tax or surcharges on tourism can help increase budgets Simple rewards system for communities may help calculate probability of entry into exploitative industries based on risk exposure, multiply by at-risk population in locales, reduce grants and national budgetary awards to lower-performing districts; probability of permanent exit upon rescue, multiply by at-risk population reduced & rescued populations, add bonuses to district budgets for high performances

 Enforce anti-prostitution laws, writ of mandamus Alternatively, regulate the industry so minors can be more easily found and removed Raise public awareness not through scare campaigns, but through education Protect victims rights and identities Establish more practical counseling for victims, which encourage positive self-images, and feelgood thinking Recognize the difference between age groups Porno-surfers, computer or human, check sites

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