Australia and Child Sex Tourism
Beloved and abandoned.
Child sex tourism (‘CST’) is a growing global concern and heinous crime that exploits vulnerable children for sexual gratification and Australia has played a significant role in this phenomenon. [1] Current strategies to combat CST primarily concentrate on enforcing existing legislation and disrupting the supply and demand chains. However, these approaches have demonstrated limited efficacy in mitigating the prevalence of this abhorrent crime. Australia has implemented specific legislation to combat this abhorrent practice, but a critical evaluation reveals the strengths and areas requiring rapid and significant improvement in this era of technology. Australia’s primary legislative framework for addressing CST is the Criminal Code Act 1995 (Cth) (‘CCA’). This legislation criminalises all sexual offenses related to a child under 16 years old, including child sex trafficking, sexual intercourse with a minor, and the distribution and possession of child pornographic material. Australia has a vital role in protecting children from CST domestically and internationally.
The Transnational Effect of Australian Legislation
The CCA covers a range of offenses related to child sexual exploitation, both domestically and internationally. The legislation also applies to Australian citizens and permanent residents, regardless of where the offense is committed. [2] This is crucial for targeting individuals who engage in CST overseas. Additionally, an Australian accused of CST could face international consequences, such as being placed on international watchlists or subject to extradition proceedings. [3] However, implementing effective enforcement can be challenging due to the transnational nature of the offences. Greater emphasis on cross-jurisdictional collaboration and cooperation is required, as well as internationally recognised educational programs to raise awareness about the dangers of CST and to deter potential offenders.
The International Consensus on Exploitation Exportation
Several international agreements, like the Universal Declaration of Human Rights (UDHR), [4] and the International Covenant on Civil and Political Rights (ICCPR) which is ratified by Australia, [5] condemn the commercial exploitation of children. Even though the UDHR is not legally binding, it clearly prohibits CST. The United Nations Convention on the Rights of the Child and its optional protocols address CST. [6] One of these protocols requires countries to make sure their laws allow them to prosecute their citizens for child sexual exploitation, no matter where the crime happens. [7] As a “sending country”, more Australians travel abroad to commit child sex offences, than perpetrators coming from abroad to commit child sex offences in Australia. [8] Although a foreign tourist can be tried in the country where they allegedly committed a violation under that country’s laws, Australia has assessed that many countries, especially in Southeast Asia, fail to effectively enforce their laws despite having legislation to regulate and criminalise CST. [9] Melissa Curley’s article analysed the effectiveness of partnerships between local and international law enforcement agencies in facilitating prosecution in the jurisdiction of the offence. [10] It essentially argued that laws and criminal prosecution are only the tip of the iceberg when it comes to combating CST – what makes a difference is the preventative measures, in which this article argues that Australia needs to bolster or else technology will continue to be one step ahead.
The Dire Need for Solutions to Tech-Savvy Predators
Furthermore, Australia’s relatively high standard of living and economic stability allow Australian predators to afford travel to destinations where child sex tourism is prevalent, especially in developing countries. [11] There must be a boost in the provision of economic, educational, and technical assistance to these developing countries as a legitimate strategy of crime prevention because predators from developed countries believe they are enjoying the lack of criminal enforcement and social awareness. [12] Australian law enforcement agencies need to be more aware of the increasing demand from industrialised countries coupled with the supply generated by developing countries due to the expeditious rates that technology is increasingly allowing it for. [13] We are all well aware that the internet offers anonymity, making it easier for predators to engage in illicit activities and for the most part, without fear of detection. [14] Additionally, the vastness of the internet provides access to a global network of potential victims and facilitators. The internet has made it incredibly easy to produce, distribute, and access child pornography, fuelling the demand for child sexual exploitation like this world has never seen. And so the role of technology in child sex tourism requires a multifaceted approach. We are past the negative aspects of artificial intelligence (‘AI’). It is about time we use it to our advantage and employ AI to remove child pornography swiftly and effectively from the internet and go as far as creating pings so as to alert relevant authorities of certain search bar entries and communications that have been pre-flagged for concern.
Conclusion
Australia has made strides in combating CST through legislative reforms and international cooperation. However, the persistence of this heinous crime indicates that current efforts are insufficient. To effectively address this issue, Australia must strengthen its enforcement mechanisms, enhance public awareness, and invest in prevention programs, as well as victim support for children overseas. Unfortunately, emphasising the law is an outdated scare tactic and no longer serves as an effective deterrent. Instead, international collaboration is crucial to disrupt the global networks that facilitate CST . By taking a comprehensive approach, Australia can significantly reduce the prevalence of child sexual exploitation.
[1] Christina Nathania and Megahnanda Alidyan Kresnawati ‘An Analysis of Australia’s Foreign Policy through its Domestic Factors to Combat Child Sex Tourism in Project Childhood’ (2023) 11(1) Jurnal Aristo (Social, Politic, Humaniora) 1, 15.
[2] Joshua Aston and Jun Wen ‘Tourists’ perceptions of and reactions to child sex tourism: an exploratory qualitative investigation’ (2021) 35(5) Asia Pacific Journal of Marketing and Logistics 1206, p 1217.
[3] Ibid.
[4] Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. G.A.O.R. 3rd sess., 183rd plen. mtg., U.N. Doc. A/810 (10 December 1948).
[5] International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 U.N.T.S. 171, entered into force 23 March 1976.
[6] Convention on the Rights of the Child, opened for signature 20 November 1989,1577 U.N.T.S. 3, entered into force 2 September 1990.
[7] Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, opened for signature 25 May2000, 2171 U.N.T.S. 227, entered into force 18 January 2002.
[8] Australian Federal Police, 2015.
[9] Nathania and Kresnawati (n 1) 12.
[10] Melissa Curley ‘Combating Child Sex Tourism in South-east Asia: Law Enforcement Cooperation and Civil Society Partnerships’ (2014) 41(2) Journal of Law and Society 283.
[11]Nathania and Kresnawati (n 1) 8; Julia O’Connell Davidson, The Sex Exploiter, World Congress Against the Sexual Exploitation of Children at 6, Stockholm, Sweden (August 27-3 l, 1996).
[12] Curley (n 10) 286.
[13] Nathania and Kresnawati (n 1) 4.
[14] Curley (n 12).