2003 Protect Act Fights Child Sex Tourism Abroad
Pedophiles Prosecuted at Home for Crimes Committed on Foreign Soil
May 23, 2009
Americans encompass roughly 25% of all sex tourist. Those from Japan, Australia and Western Europe also cover a large portion of these travelers . "In countries such as Cambodia and Costa Rica, the percentage of American sex tourists jumps to 38% and 80% respectively," according to a resource paper by Susan Song of Youth Advocate Program International (YAP), entitled "Global Child Sex Tourism."
The Military and Prostitution
Many of the countries where sex tourism thrives, especially in Asia, are where former (or current) United States (U.S.) military bases were established. According to Kathleen Barry in The Prostitution of Sexuality [New York University Press, 1996], "The industrialization of prostitution develops in stages . . . . sex industries proliferate to service foreign military and businessmen. Rather than being a consequence (unintended or intended) of industrialization, military prostitution and sex tourism often proceed and occur simultaneously with national industrial development."
Barry's book continues that the prostitution industry in Asia accelerated, or rather was created, with the war in Vietnam. Even in Thailand, 400,000 prostitutes were available for GI's on leave during the war. Once the war ended, some prostitutes were trafficked to more productive areas like Germany.
The 2003 Protect Act
This law was enacted under the Bush Administration and eliminates the need for proof of travel with intent to engage in an illicit sex act with a child and punishes attempts to commit the crime. In addition, the tour operator can now be liable as well. See Dr. Mohamed Mattar's 2008 presentation on "Child Sex Tourism in Anti-Trafficking Laws: Recent Developments."
In addition, the Act has already been declared constitutional by the Ninth Circuit Court. "In United States vs. Clark 2006, the Court said extraterritoriality is fine based upon the nationality principle which allows a country to apply its statutes to extra-territorial acts of its own nationals," stated Dr. Mattar in his presentation. The decision also determined that Congress has the power to regulate a commercial sex act with a child.
Operation Predator and the 2003 Protect Act
According to a November 2008 press release by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE), entitled "Operation Predator: Targeting Child Exploitation and Sexual Crimes," 67 arrests have been made by ICE agents, which has resulted in 47 convictions since the Act was enacted. The most publicized Americans arrested have been Dr. Jerry Albom (Oklahoma), Michael L. Clark (Seattle and first successful conviction under the Act) and Richard A. Schmidt (Baltimore). In addition, the U.S. Embassy in Cambodia was awarded in 2007 by the ICE for its assistance in prosecuting Americans accused of committing sex crimes under the Act.
In the Philippines, Republic Act 7610, also known as The Child Protection Law of the Philippines, has been responsible for the recent arrest of a suspected Pedophile from the U.S., according to Dolores Alforte, Executive Director of End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT) in the Philippines, in a personal communication dated May 21, 2009. See related article entitled "USAID Grant Helps Exploited Children." Another foreign national has recently been arrested under this law. A World Heath Organization (WHO) officer from Australia was apprehended this month after being caught with a 12-year-old boy inside a diplomatic car, according to a May 12, 2009 press release by the House of Representatives of the Philippines.
Anti-Trafficking Programs Funded by the U.S. Government
Last year, the U.S. Government reserved funds for prevention, arrests and the protection of survivors. Approximately $76 million was awarded to 140 anti-trafficking in persons (TIP) projects in 70 countries and $23 million to domestic projects. See the U.S. Department of State report entitled "U.S. Government Funds Obligated in Fiscal Year 2008 for Anti-Trafficking in Persons Projects," dated April 3, 2009.
There is a long road ahead in the battle against child sex tourism. However, as more and more countries and local governments get involved in this issue, the closer TIP will be to elimination.
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