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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