A/HRC/22/54 specific term describing CST in the local context, clear descriptions of the offences offer a better chance of prosecution. Offences to be included in specific legislation should not only cover travelling and engaging in illicit sexual acts with a child, but also travelling with the intent to do so and attempts or conspiracy to commit such a crime. The United States Protect Act, for example, amended existing legislation and thereby made it significantly easier for United States prosecutors to bring convictions against United States citizens committing sexual crimes against children abroad.33 49. The Penal Codes of Peru, Honduras and Costa Rica have, for instance, clear provisions for the prohibition of child sex tourism. In Australia, for example, the Commonwealth sex tourism offences were incorporated into the Criminal Code in April 2010 as part of a package of reforms undertaken by the Government of Australia to strengthen its child sex tourism laws. Under the reforms, Australians who sexually abuse children overseas or benefit from or encourage child sex tourism offences can be jailed for up to 20 years. A new preparatory offence was also introduced, making it a crime, punishable by 10 years’ imprisonment, for Australians to prepare for or plan to commit a child sex tourism offence.34 50. For their full protection, all victims of CST should be considered as victims up to the age of 18. The use of the age of consent to sexual activity or criminal responsibility, which may vary between 12 and 17, may, depending on the context, lead to criminalization of the victim. In some countries, the sexual exploitation of children who have reached the age of consent is not considered an offence and such children are therefore not identified as victims. On the other hand, children who have reached the age of criminal responsibility and who are not found to have been victims of pimps or traffickers are treated as offenders. 51. In Thailand, the Ministry of Justice has established practice guidelines for organizations related to the prosecution of foreign offenders who have allegedly committed acts of sexual harassment against children in Thailand are based on existing practices of each organization, and prescribe cooperation for effective law enforcement. Significant aspects of these guidelines are: (a) coordination with foreign Governments, in relation to the arrest and prosecution of foreigners, whereby a notice shall be sent to the embassy, consulate and the national central office of Interpol of the country in which the alleged offender is a national, for the purpose of exchanging information and the creation of a network; (b) prevention of absconding on bail, whereby the inquiry officer or the public prosecutor shall prepare complete and precise information for the opposition to the bail request, and may suggest an increase in the amount of bail; and (c) close coordination between the inquiry officer and the Department of Social Development and Welfare under the Ministry of Social Development and Human Security, for the care and protection of child victims, and for compliance with the law governing inquiries and the taking of evidence from child witnesses. 52. Most countries, however, have not taken such measures and the few existing laws to combat child sex tourism still contain inconsistencies and some difficulties have been encountered in their implementation. The differences between national legislation still represent a considerable challenge in combating of CST, i.e., a cross-border crime. The proper harmonization of national legislation with international standards will increase the effective protection of children from commercial sexual exploitation and the chances of prosecutions taking place in cases of CST. 33 34 12 Ibid., p. 11. Response from Australia to the questionnaire of the Special Rapporteur.

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