Australia's Child Sex Tourism Offences

McNicol, James; Schloenhardt, Andreas

doi:10.1080/10345329.2012.12035930

Cited by 8 publications

(9 citation statements)

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“…Legal scholarship on prosecutions under Australia's federal extraterritorial child CST laws, initially enacted in 1994 as Crimes [Child Sex Tourism] Amendment Act 1994 (Cth), has largely focused on the cases of Moti and Martens. 136 In April 2010 a new div 272 titled 'Child Sex Offences outside Australia' was inserted into the Criminal Code (Cth) adding to and amending Australia's previous 'Child Sex Tourism Offences' dating from 1994. Like the previous offences, they employ extraterritorial jurisdiction to criminalise a variety of sexual activities with children by Australians or Australian permanent residents.…”

Section: Discussionmentioning

confidence: 99%

“…However, the new offences extended the scope of the criminal activity, and make definitional changes that affect the onus of proof. 137 As is suggested by the new title of the legislation, the agenda of the revised law is broader than its predecessor and aims to enable a more pre-emptive legislative regime. Further research on prosecution trends and outcomes under both legislative regimes (the Crimes [Child Sex Tourism] Amendment Act 1994 (Cth), and div 272 'Child Sex Offences outside Australia') is required to enhance our understanding of the use and application of extraterritorial offences related to this crime type over time.…”

Section: Discussionmentioning

confidence: 99%

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Extraterritorial Jurisdiction, Criminal Law and Transnational Crime: Insights from the Application of Australia’s Child Sex Tourism Offences

Curley¹,

Stanley²

2016

Bond Law Review

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Scholars have noted an increased reliance on extraterritorial criminal jurisdiction as a response to transnational criminal activity, the rise in treaty law, and the resultant moral obligations. Meanwhile, existing international legal commentary notes that there are difficulties attached to using extraterritorial offences as the primary tool to deter and combat Child Sex Tourism ('CST'). While extraterritorial offences are recognised as one (albeit important) part of a spectrum of legal and socio-political sanctions against CST, serious obstacles remain to their effective implementation. Various scholars and commentators have identified the challenges involved in bringing charges related to extraterritorial CST offenses within the jurisdiction of the offender's citizenship. Frederick Martens is an Australian citizen who was prosecuted under s 50BA of the Crimes Act 1914 (Cth), a provision inserted into the Act to prevent and punish CST. Martens' experience exemplifies some of the common difficulties arising in prosecuting extraterritorial CST offences. He was convicted of having sex with a minor outside of Australia and sentenced to a term of imprisonment. It later emerged that there was additional evidence that cast significant doubt upon his guilt, and as a result of this fresh evidence, Martens was granted a pardon and released. The case serves as a warning regarding the difficulties of these trials and the dangers of ill-considered prosecutions. Concerns raised by the case are canvassed in the conclusion, including evidentiary concerns, issues inherent to relying on child witnesses, the time delay often involved in prosecuting CST offenders, fair trial concerns, and the problematic application of extraterritorial jurisdiction. This article aims to contribute to the existing body of research on the application of Australian CST laws and the wider international debate concerning the utility of extraterritorial CST offences, and will address certain related controversies regarding the extraterritorial application of criminal laws, including those regarding sexual offences committed by UN Peacekeeping personnel.

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Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Extraterritorial Jurisdiction, Criminal Law and Transnational Crime: Insights from the Application of Australia’s Child Sex Tourism Offences

Curley¹,

Stanley²

2016

Bond Law Review

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“…The Australian legislature then made this issue also a matter of state jurisdiction. At this time Australia was considered to be quick to respond, compared to other countries which only extended the CST to extraterritorial jurisdiction (McNicol & Schloenhardt., 2012).…”

Section: Criminalization Of Australian Tcsos In Extraterritorial Juri...mentioning

confidence: 99%

“…Domestic debates regarding this legislation continued, until in 2006, the Court of Appeal decided that the violations committed by TCSO could be supported by international affairs (as stated in the Australian Constitution). Subsequently, the Australian Government introduced the Crimes Legislation Amendment (CST Offenses and related actions) to amend the CST violation law to be transferred to the Criminal Code however, coinciding with the federal election in the same year, it ended (McNicol & Schloenhardt., 2012).…”

Section: Criminalization Of Australian Tcsos In Extraterritorial Juri...mentioning

confidence: 99%

“…Coinciding with the initiation of this project, in 2010, Australia has announced an amendment to the CST's domestic policy, make it stricter in law enforcement for perpetrators who origin from Australia (McNicol & Schloenhardt., 2012). Thus, even if a perpetrators commits a crime abroad, they will still go through the legal process in Australia.…”

Section: Introductionmentioning

confidence: 99%

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An Analysis of Australia’s Foreign Policy through its Domestic Factors to Combat Child Sex Tourism in Project Childhood

Nathania

K²

2022

ARISTO

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2010 was the year Australia initiated and signed Project Childhood, a grant and partnership to protect children from sexual exploitation due to travel and tourism. Four countries in the Greater Mekong Subregion, Thailand, Cambodia, Laos, and Vietnam, are in a sub-region where child sex tourism occurs a lot. The phenomenon of transnational borders will involve sending country as the country of traveling child sex offenders, and receiving country for victims coordinates to make serious law enforcement regarding this issue. In formulating foreign policy, domestic factors are one way of looking at why Australia provides funding, assistance, and initiate international cooperation to combat child sex tourism in GMS. Through this research, the authors will explain the domestic factors that influence Australia in initiating Project Childhood as its foreign policy, using domestic determinants as the level of analysis. Then, it will be divided into 3 sub-determinants, they are; highly stable, demonstrating an Australian responsibility for TCSO originating in the country. This is related to one of the demographic components that cause migration problems. Moderately stable, in relation to the domestic reforms that are actively being carried out in the context of enforcing the extraterritoriality. The last, unstable, the factor of public opinion which also has played an important role so that the government gives attention to this phenomenon

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Sex Offending and Sex Tourism: Problems, Policy and Challenges

McPhee¹

2014

Responding to Sexual Offending

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Australia's Child Sex Tourism Offences

Cited by 8 publications

References 1 publication

Extraterritorial Jurisdiction, Criminal Law and Transnational Crime: Insights from the Application of Australia’s Child Sex Tourism Offences

Extraterritorial Jurisdiction, Criminal Law and Transnational Crime: Insights from the Application of Australia’s Child Sex Tourism Offences

An Analysis of Australia’s Foreign Policy through its Domestic Factors to Combat Child Sex Tourism in Project Childhood

Sex Offending and Sex Tourism: Problems, Policy and Challenges

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