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Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, and the United States Safeguard the Rights of Children As Mandated by International Law?

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Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, and the United States Safeguard the Rights of Children As Mandated by International Law? Fordham International Law Journal Volume 18, Issue 5 1994 Article 24 Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, and the United States Safeguard the Rights of Children as Mandated by International Law? Margaret A. Healy∗ ∗Fordham University Copyright c 1994 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj PROSECUTING CHILD SEX TOURISTS AT HOME: DO LAWS IN SWEDEN, AUSTRALIA, AND THE UNITED STATES SAFEGUARD THE RIGHTS OF CHILDREN AS MANDATED BY INTERNATIONAL LAW? MargaretA. Healy* INTRODUCTION Rosario Baluyot was twelve years old when she died in 1987 in her native Philippines.' She was a street child.' Dr. Heinrich Stefan Ritter is an Austrian medical doctor.3 He forcibly in- serted an electric vibrator into Rosario's vagina during a night of sex spent with her and a fourteen year-old boy.4 The device broke and lodged inside of her.5 She carried the fragments dur- * J.D. Candidate, 1996, Fordham University. This Note is dedicated to child advocacy organizations around the globe who have accomplished so much in so little time. I would like to particularly acknowledge Ellis Shenk, Coordinator of ECPAT-US; Lisa Rana, Esq.; Bernadette McMenamin, ECPAT Australia; Helena Karl~n, RAdda Barnen, Sweden; Deen Kaplan of the National Coalition for the Protection of Children and Families; Andrew Vachss, Esq.; Paul Bravender-Coyle, Anti-Slavery Society; and Professor Roger Levesque of the University of Nebraska for their invaluable assistance. 1. RON O'GRADY, ECPAT, THE CHILD AND THE TouiusT 24 (1992). Rosario could possibly have been only eleven years old. Id. Her exact age is uncertain. Id. 2. Id. at 20-22. Rosario was the youngest of eight children. Id. at 20. When she was about six years old, her mother died of a brain tumor and her father abandoned her. Id. at 21. At the age of eight or nine, she made her way to Olongapo City and the U.S. naval base at Subic Bay and "joined the army of homeless Philippine street chil- dren who now number an incredible 1.2 million children under the age of 16 years." Id.; see UNITED NATIONS CENTRE FOR HuMAN RIGHTS, UNICEF, STREET CHILDREN 1 (Con- vention on the Rights of the Child document) (estimating number of street children worldwide at 100 million). The United Nations Children's Fund ("UNICEF") defines street children as: 1) children living on the streets; 2) children detached from their families and living in temporary shelters such as abandoned buildings or migrating from place to place with friends; 3) children who are in contact with their families but, because of poverty or adverse family conditions, spend some days and most nights on the street; or 4) children who are in institutional care as a result of homelessness and are at risk of becoming homeless again. Id. 3. O'GRADY, supra note 1, at 25. 4. Id. at 23. The 14 year-old witness, Joe, reported that on October 10, 1986, a tourist stopped to talk to him and Rosario and invited them to his room. Id. at 23, 26. After bathing with the two children, the man concentrated on Rosario. Id. at 23. Joe reported that the man was poking "something grey like a Vick's Inhaler" into Rosario's vagina and that she cried out in pain several times. Id. 5. Id. The following day Rosario told Joe that the man had left something in her .private parts." Id. She tried unsuccessfully to remove it a few times with the help of friends. Id. Finally, the pain became so intense that she went to a doctor who told her 1852 CHILD SEX TOURISM 1853 ing seven months of agonizing pain.6 When she finally collapsed on the street, nothing could be done to save her.7 In 1989, Heinrich Ritter was sentenced to life imprisonment by a Philip- pine court for the rape and death of Rosario.' In 1991, the Phil- ippine Supreme Court reversed the sentence and acquitted Dr. Ritter on evidentiary grounds.9 He remains at liberty." Heinrich Ritter is a sex tourist.' He is one of scores of sex that it must be removed at once. Id. She fled from the doctor's office perhaps fearing that she would be sent to prison after the object was removed. Id. at 24. 6. Id. at 23-24. The pain intensified after Rosario was raped by another man, lodg- ing the fragments of the vibrator in her cervix. Id. at 24. The anguish became so intol- erable that she could only walk bowlegged. Id. She used drugs and sniffed glue to reduce the agony. Id. The smell from the wound became so powerful that she was forced to leave her shelter and began to sleep in vacant lots. Id. 7. Id. at 24. Rosario was found on the street on May 14, 1987, writhing in agony with green bile coming out of her mouth. Id. Her abdomen was distended and the pain so intense that the doctors could not touch her. Id. During surgery the next day, doctors removed the broken vibrator and a rusty screw hanging from its side. Id. It measured approximately nine centimeters. Id. Rosario never recovered. Id. She died at 2:15 p.m. on May 19, 1987. Id. 8. Id. at 26. Dr. Ritter was charged with statutory rape which, under Philippine law, applies to sexual acts with children under the age of 12. Id. The prosecutor in the case asserted that Rosario was 11 years of age. Id. 9. See Sale of Children: Report Submitted by Mr. Vitit Muntarbhorn, Special Rapporteur Appointed in Accordance with Commission on Human Rights Resolution 1992/76, U.N. Com- mission on Human Rights, 49th Sess., Prov. Agenda Item 24, at 30, 170, U.N. Doc. E/ CN.4/1993/67 (1993) [hereinafter Special Rapporteur Third Report] (referring to Philip- pines v. Ritter, Case No. 88582 (Phil.)). The court found that he had lured Filipino children with money and abused them. Id. The court therefore recommended Ritter's deportation. Id. Nevertheless, the court acquitted Ritter "on grounds of reasonable doubt concerning the evidence." Id.; see O'GRADY, supra note 1, at 28. The crucial evidentiary issue was Rosario's age, as the crime of statutory rape is only applicable to the rape of females under the age of twelve. Id.; see Rxv. P.NAL CODE art. 335(3) (Phil.) (Central Book Supply, Manila, 18th ed. 1990) (setting age for statutory rape at 12 years old). There was also some discrepancy in the testimony as to Ritter's identity even though Ritter had admitted being with Rosario on the night the vibrator was inserted. O'G.AnY, supra note 1, at 25, 28. He had also offered to pay Rosario's grandmother US$800 if she would forego any legal action. Id. at 25. 10. O'GRADaY, supra note 1, at 27-28; see Concetta Taliercio, International Law and Legal Aspects of Child Sex Tourism in Asia: A Contemporary Form of Slavery? 3 (1993) (on file with Fordham International Law Journal) (relating story of Rosario Baluyot's death and Dr. Ritter's trial). 11. Id. at 19-20; see Julia O'Connell Davidson, British Sex Tourists in Thailand (1994) (paper presented to the Women's Studies Network (UK),July 9-10, 1994) (de- fining sex tourism as "consisting of people from economically developed nations travel- ling to underdeveloped countries" to purchase sexual services). The term sex tourist also includes business travellers and members of the military who travel in search of sex. O'GRADY, supra note 1, at 82, 95. This Note deals only with child sex tourism and tour- ists who engage in sex with minors. The phenomenon of sex tourism with adults is a distinct topic that is not addressed herein except as it relates to child sex tourism. 1854 FORDHAMINTERNATIONALLAWJOURNAL [Vol. 18:1852 tourists who travel from the industrialized or developed na- tions12 to a growing number of developing countries1 3 to engage in illicit sexual activity with underage victims forbidden to them under their home countries' laws.14 Sex tourism is closely con- nected with the growing multi-million dollar a year15 industry of child prostitution16 throughout the world. 7 12. See Paul Ehrlich, Asia's Shocking Secret, READER'S DIG., Oct. 1993, at 70 (estimat- ing that there are "tens of thousands" of child sex tourists from the United States, Can- ada, United Kingdom, Germany, Sweden,Japan, Australia, and New Zealand who travel to Asia for child sex). Developed countries are those countries that have industrialized market economies. THE INDEPENDENT COMMISSION ON INTERNATIONAL DEVELOPMENT IS- SUES, NORTH-SOUTH: A PROGRAM FOR SURVIVAL 31-32 (1980) [hereinafter PROGRAM FOR SURVIVAL]. Developed countries have a quarter of the world's population but control four-fifths of the world's income. Id. at 32. 13. See Ehrlich, supra note 12, at 69-70 (identifying southern Asia as primary target for child sex tourists); see also KEVIN IRELAND, SAVE THE CHILDREN OVERSEAS DEP'T, WISH You WEREN'T HERE: THE SEXUAL EXPLOITATION OF CHILDREN AND THE CONNECTION WITH TOURISM AND INTERNATIONAL TRAVEL pref. (Sept. 1993) (noting that phenomenon is spreading to other parts of globe, notably Latin America, Africa, and Eastern Eu- rope). Developing countries are those that are in the early stages of development and provide low standards of living for their people. L.K. JHA, NORTH SOUTH DEBATE 22 (1982). Developing countries are characterized by high levels of illiteracy, malnutri- tion, and child mortality, as well as low life expectancies.
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