SEXUAL EXPLOITATION OF CHILDREN THROUGH PROSTITUTION

In Cambodia all acts provided in Article 3 of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography are criminalized. The Law-on-Suppression-of-Human-Trafficking-and-Sexual-Exploitationincludes the following provisions. 1) Offering: Article 35: soliciting or advertising child prostitution for the purpose of acting as an intermediary of child prostitution (as an individual or a business); 2) Obtaining: Article 34: an offence to have sexual intercourse or engage in other sexual conduct of all kinds with a minor over age 7 by providing or promising to provide anything of value to the minor, an intermediary, a parent, a guardian or any person keeping the child under his supervision or control; 3) Procuring: Articles 25 and 29: an offence to draw a financial profit from the prostitution of others; assist or protect the prostitution of others; recruit, induce or train a person with a view to them practicing prostitution; or to exercise pressure on a person to become a prostitute; and 4) Providing: Articles 30 and 32: an offence to manage, exploit, operate or finance an establishment of prostitution or to make premises available for prostitution. In Article 23, child prostitution is defined as “having sexual intercourse or other sexual conduct of all kinds between a minor and another person in exchange for anything of value.” In Article 7 a “minor” is defined as “a person under the age of eighteen years.” Article 24 explicitly exempts from punishment a minor who solicits for the purpose of prostitution.

Sexual exploitation of children in travel and tourism

Countless numbers of traveling offenders aim to escape responsibility for their criminal acts by exploiting children in countries other than their own. In order to protect children from sexual exploitation in travel and tourism, it is important to ensure territorial and extraterritorial jurisdiction. This allows a State to hold foreigners accountable for offences that occur within its territory and hold its own nationals (and even the non-citizens permanently residing within its territory) accountable for crimes that they commit outside, in the territory of another State.

In Singapore, the Penal Code (rev. ed. 2008) has provisions to cover both territorial and extra-territorial jurisdiction. Section 2, states that “Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore, while Section 376C (1) provides that “Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence”.

Equally important, section 376D (1) promotes accountability for acts to assist and prepare for SECTT: “Any person who (a) makes or organizes any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; (b) transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or (c) prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct, shall be guilty of an offence”. The publication of information means publication of information “by any means, whether by written, electronic, or other form of communication”.

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