Child Sex Tourism as an American Legal Priority

1
Child Sex Tourism as an American Legal Priority

• Kelsey Jae Nunez
• March 21, 2007
• Pepperdine University School of Public Policy
• MPP 604.03

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What is Child Sex Tourism?

• Commercial Sexual Exploitation of Children by
  Persons Who travel From Their Own Country to
  Another Usually Less Developed Country to Engage
  in Sexual Acts with Children
• Ease of International Travel Globalization
• Growing Use of Internet for Tourism Advice

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Child Sex Tourism as an American Legal Priority

• Why CST is an American Legal Priority that
  Demands a Response
• Problem Criteria for Determining Best Solution
• Options for Moving Forward
• Recommendations
• Conclusions

4
Child Sex Tourism Statistics

• Especially Prominent in the Impoverished Nations
  of Southeast Asia, Africa, and South America
• Approximately 2 Million Children Per Year are
  Forced to Sell Access to Their Fragile Bodies
• Americans Account for 25-40 of the Tourists

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CST Exists for Structural and Mental Reasons

• Mental Framework That Supports CST
• Feel Unaccountable for Actions While in a Foreign
  Country
• Falsely Believe People in Destination Country are
  Less Inhibited Sexually and Morally
• Consider Themselves to be Helping the Children
• Unenforced Laws in Main Destination Countries
• Sometimes Direct Support

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CST Demands a Response

• There is a Moral Imperative to Take Decisive
  Action to Reduce the Scourge of Sexual Predation
  on the Most Innocent and Fragile Members of our
  Societies

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CST is an American Legal Priority

• The United States Bears a Significant Portion of
  the Responsibility for Stopping United States
  Citizens from Perpetuating the Human Rights
  Atrocities of CST
• As a global leader, the United States is
  committed to using its power to reform and
  eradicate the child sex tourism industry
• US. Dept. of Justice Child Exploitation and
  Obscenity Division

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U.S. Legislation is In Effect

• Trafficking Victims Protection Act of 2000
• First Modern Anti-Slavery Legislation Focuses
  on Prevention, Protection, and Prosecution
• Required Intent to Have Sex with Children
• PROTECT Act of 2003
• Closed Intent Loophole
• Includes Attempt or Facilitates
• Increased Penalties from 10-30 yrs to 20-50 yrs
• Declared Constitutional in 9th Circuit Appellate
  Case

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Child Sex Tourism as an American Legal Priority

• Why CST is an American Legal Priority that
  Demands a Response
• Problem Criteria for Determining Best Solution
• Options for Moving Forward
• Recommendations
• Conclusions

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Problem Lies in Enforcing PROTECT Act

• Need Cooperation From Other Countries To
  Extradite and Aid in Investigations
• Need Private Sector to Participate in Preventing
  and Apprehending Violators

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Criteria for Determining Best Solution

• American Govt Has Duty to Enforce Our Laws
• Must Not Allow Inaction of Other Govts to Affect
  Our Fight
• Constitutional Protections on Individual
  Liberties When Traveling Abroad
• Foreign Commerce Necessary and Proper Clauses
• Role of Private Sector in Relation to Government

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Child Sex Tourism as an American Legal Priority

• Why CST is an American Legal Priority that
  Demands a Response
• Problem Criteria for Determining Best Solution
• Options for Moving Forward
• Recommendations
• Conclusions

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Option 1Maintain Status Quo

• Difficult to Prosecute Cases Only 20 in First 2
  Years
• Lack of Evidence
• Lack of Extradition
• Easy to Evade Authority
• Will Never Solve Problem of Americans
  Perpetuating CST at this Rate

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Option 2Put Pressure on Host Countries

• International Sovereignty Issues
• Forcing Implementation of Treaties is Not Likely
• Underlying Causes of Poverty and Acceptance of
  Sexual Abuse are Entrenched in Society

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Option 3Engage Legitimate Tourism Industry

• In-Flight Videos En Route to Major Destination
  Countries
• Travel Awareness Campaign Materials
• Luggage tags, ticket pouches, brochures
• Training / Code of Conduct for Tour Operators and
  Guides

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Option 4Use Private Investigators

• International Investigations are Lacking
• Competes with Terrorism and Drug Trafficking
• Private Investigators Have Ability to Go
  Undercover to Gather Evidence for Domestic
  Prosecutions
• Can Be Funded with Private Dollars
• Tiny Stars Example www.TinyStars.org

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Child Sex Tourism as an American Legal Priority

• Why CST is an American Legal Priority that
  Demands a Response
• Problem Criteria for Determining Best Solution
• Options for Moving Forward
• Recommendations
• Conclusions

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Recommendations

• Engage Airline and Tourism Industry
• Improve Private Sector Involvement in Prevention
  Prosecution
• Local and International Private Funding for
  Advertisements in Destinations Countries
• Private Investigators to Assist in Evidence
  Gathering

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Implementing Tourism Industry Engagement in
Prevention

• FAA Regulations Concern SAFETY on Airlines
• Cant MandateMust Be Voluntary
• Appeal to Competitive Nature of Industry
• Implore Flights Services Aimed at Destination
  Countries to Accept Portion of Responsibility
• Use Pressure of Internet Public Service
  Announcements if No Response
• Bold Campaign Tourism Leaders That Dont Help
  Are Part of the Problem

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Implementing Private Sector Involvement in
Prevention

• Local and International Funding for Destination
  Country Advertisements
• Private Donations to Tiny Stars, World Vision,
  and Similar Organizations
• Intergovernmental Exchanges of Dollars in
  Accordance with Child Protection Treaties
• Tourism Industry Partnerships

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Implementing Private Sector Involvement in
Prosecution

• Private Investigators Are Effective Evidence
  Gatherers
• US Dept. of Justice, Bush Administration, and
  Congress is Committed to Fighting CST
• Tiny Stars Program is a Model www.tinystars.org
• Avoid Conflicts with Local Law Enforcement
• May Lead to Abuse if Authority is Unchecked

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Implementing Private Sector Involvement in
Prosecution

• Wider Acknowledgement that the Public Must Turn
  in Known CST Criminals
• Especially Business Partners, Neighbors, and
  Fellow Travelers

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Child Sex Tourism as an American Legal Priority

• Why CST is an American Legal Priority that
  Demands a Response
• Problem Criteria for Determining Best Solution
• Options for Moving Forward
• Recommendations
• Conclusions

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Conclusions

• Child Sex Tourism is One of the Most Pressing
  Human Rights Issues of Our Time
• The American Government AND Public Must Take the
  Lead Role in Stopping American Involvement