|
The UN-Convention on the Right of the Child from 1989 was signed and ratified by most UN members states (Somalia and the US did not ratify the Convention). Read the CRC.
The Convention spells out the basic human rights that children everywhere have:
- the right to survival;
- to develop to the fullest;
- to protection from harmful influences, abuse and exploitation;
- and to participate fully in family, cultural and social life.
The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child.
Cambodia and Thailand are fighting their image of being a heaven for pedophiles and have developed a series of laws for the protection of children. Sexual abuse of children can carry a penalty of up to 30 years imprisonment in Cambodia and up to 20 years in Thailand.
Various countries have also passed extra-territoriality laws that allow them to prosecute their citizens for offences committed in other countries so that even if you abuse a child in this country, you’ll go to jail in yours.
To learn more about the national and international laws about child prostitution and rape, please click on the links below.
| | | | |
| | | |
| |
|
The Kingdom of Cambodia
Constitution of the Kingdom of Cambodia 1993
|
| |
Article 46: The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.
Article 48: The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.
The State shall protect children from acts that are injurious to their educational opportunities, health and welfare.
Law on the Suppression of the Kidnapping, Trafficking and Exploitation of Human Beings
Law on suppression of the kidnapping, trafficking and exploitation of human persons, 1996
Article 4: Shall be considered as a pimp (male or female) or head of prostitutes, any person:
- who supports or protects one or more persons, by whatever means with knowledge in advance of the act of prostitution of such person(s) or seeks customers for such person(s) for the purpose of prostitution, or
- who regularly shares the benefits obtained from the prostitution acts in any form, or
- who brings men or women by whatever means for a training and convinces them to become male or female prostitutes, or
- who acts as an intermediary by whatever form, to create relationships between male and female prostitutes with the head/owner of a brothel or with a person who provides benefits on the prostitution of other persons, or
- who confines men or women in his/her house or any place, for the purpose of forcing them to commit prostitution to earn money for him/her.
Article 5: Any male or female pimp or head of prostitutes shall be punished with from five (5) to ten (10) years in prison. In case of repeated offence, double term of the above punishment shall be applied.
Shall be subject to punishment to imprisonment from ten (10) to twenty (20) years, in case if upon a pimp:
- commits an offence onto a minor person of below 15 years old, or
- commits an offence by coercion and violence or by threat or weapon, or
- who is a husband, wife, boy/girl friend, father or mother or guardian and forces a man or woman to commit prostitution, or
- who forces a victim to commit prostitution outside of the country or, a victim who is a foreigner to commit prostitution on the territory of the Kingdom of Cambodia. The court may, in addition to the above principal punishment term, apply a sub-punishment, by restriction of the civil rights and non-authorization of residence.
Article 7: Any person who opens a place for committing debauchery or obscene acts shall be punished by imprisonment from one (1) to five (5) years and by a fine of five million (5,000,000) riel to thirty million (30,000,000) riel. In the case of repeated offenses, the above punishment terms shall be doubled.
Article 8: Any person who commits acts of debauchery involving a minor below 15 years old, even if there is consent from the concerned minor, or even if the person has bought such minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years in prison. In case of repeat offenses, the maximum punishment term shall be applied.
The court may, in addition to the above principal punishment, apply a sub-punishment by restriction of civil rights and by the non-authorization of residence.
Tourism Law of Cambodia (not ratified yet)
Chapter 12
Article 44:
- Minors below 15 and 18 year old must be prohibited from entering rooms' accommodation establishments that provide services, unless accompanied by their parents.
- Minors under 18 years old must be prohibited from adult tourist accommodations
Article 45:
- Owners or managers of tourism services and businesses must be prohibited from allowing entry of minors below 15 and under 18 years old into the rooms of accommodation establishments without their legal parents
- Owners or managers of adult tourism accommodations must be strictly prohibited from allowing entry of minor persons under 18 years old into service establishments.
(Source : H.E. Mr. Hor Sarun, Director of Administration and General Affairs and Chief of Child Safe Tourism Secretariat, Ministry of Tourism, Cambodia, Bali, Indonesia, 26-27 June 2003)
|
| |
|
Thailand
|
| |
Age of simple majority
According to the Prostitution Prevention and Suppression Act, "child " means a person who is not yet over 18 years of age.
Title IX 'Offences relating to sexuality' Section 277 of the Penal Code
'Whoever has sexual intercourse with a girl not yet over thirteen years of age, with or without her consent, shall be punished with imprisonment of seven (7) to twenty (20) years and fine of fourteen thousand to forty thousand baht, or imprisonment for life.
If the offence according to the first paragraph is committed by participation of persons in the nature for destroying a girl and such girl is not consent, or by carrying or using any gun or explosive, the offender shall be punished with imprisonment for life.'
Section 8 of the 'Prostitution Prevention and Suppression Act' states
'Whoever, for sexual gratification of that person or of the third person, commits sexual intercourse or any other act against a person who is over fifteen (15) years but not yet over eighteen (18) years of age, with or without his or her consent, in a
place for prostitution, shall be punished with imprisonment of one to three years and a fine of twenty thousand to sixty thousand baht.
If the commission of the offence as specified in the first paragraph is committed against a child not over fifteen (15) years of age, the offender shall be punished with imprisonment of two to six years and a fine of forty thousand to one hundred and twenty thousand baht.'
(Source: www.interpol.com/Public/Children/SexualAbuse/NationalLaws/Default.asp)
|
| |
|
Indonesia
|
| |
Age of simple majority
According to the Indonesian Civil code 18 years for males and 15 years for females. According to Indonesian Penal code under age means any body that has not reached 16 years.
Age of consent for sexual activity
For male 19 years, for female 16 years.
Age of consent for marriage
For male 18 years for female 15 years.
Article 285, Penal Code
Anybody who is having sexual intercourse by force or threat or enforcing a woman to commit adultery with out marriage will be punished with imprisonment up to 12 years.
(Source:www.interpol.com/Public/Children/SexualAbuse/NationalLaws/Default.asp)
|
| |
|
Lao PDR
|
| |
Article 128
Paragraph 2, Penal Code
An individual who has committed rape of a girl who is between fifteen (15) and eighteen (18) years old will be imprisoned from one (1) to five (5) years, and fined from ten (10) to fifty (50) million kips.
Article 129, Penal Code
An individual that has sexual relations with a girl or a boy whose age is under fifteen (15) will be imprisoned from one (1) to five (5) years, and fined from two (2) to five (5) million kips.
Child prostitution
Article 132, Penal Code
An offender who uses prostitution trade as a profession, or makes a girl who is below fifteen (15) years of age become a prostitute, or forces a woman under his guardianship to be a prostitute, will be imprisoned from three to five years, and fined from 10 to 50 million kips.
Child pornography
Article 138, Penal Code
An individual who produces or disseminates pornography books, photos, videos and things that are against the national culture will be imprisoned from three (3) months to one (1) year, and fined from two hundred thousand (200,000) kips to five million (5000000) kips.
(Source: www.interpol.com/Public/Children/SexualAbuse/NationalLaws/Default.asp)
|
| |
|
International treaties
|
| |
ASEAN Tourism agreement
Article 5:
(5) Strengthening measures to prevent tourism-related threats on and exploitation of cultural heritage and natural resources; and
(6) Taking stern measures to prevent tourism-related abuse and exploitation of people, particularly women and children.
Seventh ASEAN Summit on 4 November 2001 in Brunei Darussalam
United Nations Convention on Child Rights
Ratified |
| |
|
Australia
|
| |
CRIMES (CHILD SEX TOURISM) AMENDMENT ACT 1994 NO. 105, 1994
"Division 2 - Sexual offences against children overseas
Sexual intercourse with child under 16
"
"50BA. A person must not, while outside Australia, engage in sexual intercourse with a person who is under 16."
Penalty: Imprisonment for 17 years.
Inducing child under 16 to engage in sexual intercourse
"50BB. A person must not induce a person who is under 16 to engage in sexual intercourse with a third person outside Australia and in the presence of the first - mentioned person."
Penalty: Imprisonment for 17 years.
|
| |
|
Canada
|
| |
Bill C-27, chapter 16
An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation)
This amendment included an amendment to the Criminal Code to allow the criminal prosecution in Canada of Canadian citizens and permanent residents who travel abroad to victimize children sexually, either for money or any other form of consideration.
If child pornography also appears to be evidence of a crime committed in another country, the information will be turned over to local police.
(source: Interpol)
|
| |
|
France
|
| |
S'agissant des infractions sexuelles dont sont victimes des mineurs, les principes du droit pénal ont été aménagés afin d'accoître les possibilités de poursuivre pénalement les auteurs de ces actes. Ces aménagements sont de deux ordres : le premier porte sur la prescription de l'action publique, le second sur l'application territoriale de la loi pénale française.
Le report du point de départ du délai de prescription de l'action publique
La prescription de l'action publique est le délai qui court à compter de la commission des faits et pendant lequel les poursuites pénales peuvent être engagées.
Les règles de l'extinction de l'action publique sont dérogatoires au droit commun, s'agissant de certaines infractions commises contre les mineurs.
[…]
En matière criminelle
Aux termes de l'article 7 du code de procédure pénale, "Le délai de prestation de l'action publique des crimes commis contre des mineurs ne commence à courir qu'à partir de la majorité de ces derniers".
Ce délai est de dix (10) ans.
Sont ici visés tous les crimes dont la victime est mineure, quelle que soit la qualité de l'auteur (ascendant ou non).
[…]
La dérogation au principe de la territorialité de la loi pénale française
[…]
Article 222 -22
Constitue une agression sexuelle toute atteinte sexuelle commise avec violence, contrainte, menace ou surprise.
Lorsque les agressions sexuelles sont commise à, l'étranger contre un mineur par un Français ou par une personne résidant habituellement sur le territoire français, la loi française est applicable par dérogation au deuxième alinéa de l'article 113-6 et les dispositions de la seconde phrase de l'article 113-8 ne sont pas applicables.
Pour obtenir des informations encore plus détaillées vous pouvez également consulter le site www.legifrance.com
|
| |
|
Germany
|
| |
Criminal Code (Strafgesetzbuch, StGB)
Section 5 Acts Abroad Against Domestic Legal Interests
German criminal law shall apply, regardless of the law of the place the act was committed, to the following acts committed abroad:
8. crimes against sexual self-determination:
(a) in cases under Section 174 subsections (1) and (3), if the perpetrator and the person, against whom the act was committed are Germans at the time of the act and have their livelihoods in Germany; and
(b) in cases under Sections 176 to 176b and 182, if the perpetrator is a German;
Section 176 Sexual Abuse of Children
(1) Whoever commits sexual acts on a person under fourteen years of age (a child), or allows them to be committed on himself by the child, shall be punished with imprisonment from six months to ten years, and in less serious cases with imprisonment for not more than five years or a fine.
Section 176a Serious Sexual Abuse of Children
4. An act as to which judgment was rendered abroad shall be deemed equivalent in cases under subsection (1), number 4, to an act as to which judgment was rendered domestically, if under German criminal law it would have been such an act under Section 176 subsections (1) or (2).
|
| |
|
New Zealand
|
| |
Crimes Amendment Act 1995, section 144a & c
The Crimes Amendment Act 1995 created a new extra-territorial offence, under section 144A of the Crimes Act 1961, which made it a crime to engage in any sexual conduct with children that, if done in New Zealand, would be an offence. The Act also created a second offence, under section 144C of the Crimes Act, which prohibits acts done in New Zealand in order to assist or encourage others to travel overseas for the purpose of having sex with children or to promote child sex tours.
|
| |
|
United Kingdom
|
| |
SEXUAL OFFENCES COMMITTED OUTSIDE THE UNITED KINGDOM
7. - (1) Subject to subsection (2) below, any act done by a person in a country or territory outside the United Kingdom which-
(a) constituted an offence under the law in force in that country or territory; and
(b) would constitute a sexual offence to which this section applies if it had been done in England and Wales, or in Northern Ireland, shall constitute that sexual offence under the law of that part of the United Kingdom.
Sex Offenders Act 1997, Chapter 51
1.Conspiracy to commit certain sexual acts outside the United Kingdom.
2.Incitement to commit certain sexual acts outside the United Kingdom.
An Act to make provision about conspiracy, or incitement, to commit certain sexual acts outside the United Kingdom.
Sexual Offences (Conspiracy and Incitement) Act 1996, Chapter 29 |
| |
|
United States
|
| |
US Code, TITLE 18, PART I, CHAPTER 117
TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES
Sec. 2423. - Transportation of minors
(b) Travel With Intent To Engage in Sexual Act With a Juvenile. -
A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 15 years, or both.
Sec. 2427. - Inclusion of offences relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offence
In this chapter, the term ''sexual activity for which any person can be charged with a criminal offence'' includes the production of child pornography, as defined in section 2256(8) |
| |
|
|
