Sex Exploitation of ChildrenHuman TraffickingChild Sex TourismUSA/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

Key Agreements• 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

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 16-17

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

Myanmar Continued• 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, 10-life in an organization; 3-7 for corrupt public officials involved

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

Vietnam• 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, 12-20-life 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 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 2005 2006 2007 2008Canada 287 351 303 270 266 259USA 26,350 26,066 25,528 24,535 23,307 22,584Brunei 14 32 17 24Singapore 84 78 54 46Thailand 2,063 2,237

Convicted of Rape

2003 2004 2005 2006 2007 2008Canada 2,273 2,138 2,064 1,978USA 12,310

2003 2004 2005 2006 2007 2008Brunei 24 26 24 28

Philippines 3,084 2,918 2,982 2,584 2,409 2,585

Singapore 110 103 124 118

Thailand 5,071 5,308

Canada 531 587 565 570 528 491USA 93,883 95,089 94,347 92,757 90,427 89,000

Count

Count

UNODC (Date) Rape Counts

2003 2004 2005 2006 2007 2008Canada 55 54 52 188 542 1,379Philippines 7,316 7,562 6,320 6,114 8,688 8,588

2003 2004 2005 2006 2007 2008Canada 0 3 10 9

Brunei 0 0

Malaysia 12,580 12,901

Singapore 0 0

1989 1992 1996 2000Canada 4 3.8 2.7 2.1USA 4.5 2.3 2.5 1.5All 2.4 2.4 2.4 1.7

1989 1992 1996 2000Canada 6.9 7.1 4.8 3.8USA 10.4 4.9 2.8All 4.7 4.9 4.8 3.6

UNODC Sex Offences Against Children Counts

UNODC Trafficking in Persons at the National Level Offence Counts

Sexual Incidents Prevalence Rate (ICVS)

Sexual Incidents per 100

US Courts

Total Sex Offender Defendants

Sexual Abuse Defendents

Sexual Abuse of Minors

Sexually Explicit Materials

Transportation for Illegal Sexual Activity

2001 884 3872002 993 3942003 1052 3922004 1201 4882005 1452 324 8142006 1774 342 1075 2392007 1855 305 1193 2462008 2225 386 1367 2712009 2633 378 1671 2592010 2817 400 1795 241

Change 218% 26% 23% 120%

US Courts

Total Convicted and Sentenced

Guilty Plea

Nolo Contendere

Convicted by Court or Jury

Average Prison Sentence in Months

For Sexual Abuse (of minors 2005 and after)

2001 812 751 2 59 61.6 84.72002 906 858 1 47 61.1 89.52003 936 880 0 56 72.7 113.72004 1111 1050 1 60 76.3 1092005 1347 1272 75 83.9 1362006 1637 1532 75 100.3 189.62007 1717 1626 91 114.6 210.32008 2047 1946 101 110.3 211.12009 2433 2310 123 111.9 247.32010 2653 2515 138 111.2 228.5

Change 227% 235% 134% 81% 170%

US Courts

For Sexually Explicit Materials

For Transportation

20012002200320042005 65.8 85.72006 80.5 87.12007 92.7 101.12008 92.5 124.62009 92.1 128.82010 95.4 134.2

Change 45% 57%

Statistics Canada

Sexual Assaults (1, 2, & 3 for 2004 and after) % Against <12

% Against Youth 12-17

Sexual Violations Against Children

Child Pornography

2001 12691 25 32.42002 12003 21.4 33.52003 13791 24.4 33.7

2004* 235342005 233032006 22136

2007* 21434 542 14072008 21483 1379 14082009 20931 2620 1594

* Change in reporting methodology

Singapore Police

Outrage of Modesty

Involving internet & telephone chat

Involving Youth Student Victims

Statutory Rape 12-14

Stat. Rape & Carnal Connection 12-15 Rape

Involving internet & telephone chat

2004 1096 10 103 102005 1308 14 124 142006 1280 12 396 28 118 52007 416 57 316 1292008 1236 61 310 1672009 1273 83 2022010 1414 50

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 records-

keeping, 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

Legal Suggestions• 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 feel-good thinking

• Recognize the difference between age groups• Porno-surfers, computer or human, check sites