A simple question with a complex answer.
According to Article 1 of the United Nations Convention
on the Rights of the Child, 'child' refers to a person under
18 years of age.
However, it continues that this definition applies unless
national laws recognize the age of majority earlier. In some
countries majority is obtained on marriage, so child brides
are not protected to age 18. Generalising protection to age
18 would provide greater protection to children from sexual
exploitation.
The age of consent defines the legal time at which
a person may consent voluntarily to sexual activity with another
person. This varies from country to country - and even within
a country, for example:
- The Penal Code of Spain sets the age of consent at 13
years.
- In the Maldives, there is an absence of legislation on
age of sexual consent.
- In the case of some federal states, such as Australia,
there is no uniformity among provinces and territories in
relation to age of consent.
The legal definition of a child will also affect how offenders
are dealt with by the courts. For example:
- Legal provisions in Canada outlaw touching children, or
inciting another to touch a child under the age of 14 with
sexual purpose. Pornography featuring those under 18 is
illegal.
- In Egypt, punishment for sexual offenses is increased
if the victim was younger than 21 years of age.
This is made more complex by the fact that many countries
fail to register the births of children or to provide documents
of such registration. In addition, fake identification cards
can easily 'reclassify' a child as an adult.
A child can be a person of either gender. While this
may seem obvious and hardly worth mentioning, many of the
laws which countries have to protect children from sexual
exploitation only address the issue in relation to girls'
exploitation. The sexual abuse of boys is generally ignored
or discounted. For example:
- In Thailand there has been resistance to amendments in
the Penal Code that attempt to protect boys as well as girls
from rape and/or commercial sexual exploitation. As the
laws stand now only a girl or a woman can be raped or exploited.
In the legislation of other countries there is differential
treatment between boys and girls. For example:
- In Jordan there is little public recognition of sexual
exploitation, although there are laws regarding abduction
which attempt to combat it. While this does not adequately
protect children from sexual exploitation, a further concern
is that the penalties differ in severity depending on the
sex of the person abducted.
The demand for girls is more common and widespread; however,
it has been known for some time that certain countries are
targeted by child sex tourists who specifically seek out boys
and young men. So-called 'beach boys' can be found in tourist
destinations in Sri Lanka, Kenya, Gambia, and the Dominican
Republic.
Boys seem to be a larger proportion of the total number of
victims of child prostitution in Eastern Europe.
Some prostituted boys are transvestites who may work in the
streets or as 'entertainers'. They can suffer further physical
harm if the hormones they use to transform their bodies are
of poor quality.
|