Due to the complex nature of obtaining a guilty verdict, do you believe many prosecutors had rather not deal with this issue? Also, at some point, does this become a political issue for the office?

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Prosecuting American Sex Tourist

Name

Institutional Affiliation

Prosecuting American Sex Tourist

Impediments

Residents of the United States who travels abroad to have sex, particularly with children, are known as American sex tourists. While this immoral social behavior is widespread worldwide, it is imperative to recognize that Americans are the world’s biggest sex tourists and exploiters. Yet, little effort has been made to stop them from exploiting children and desperate youth in other countries (Kathy, 2002). Besides such acts being committed outside the US borders, there are numerous other impediments the US encounters with regard to prosecuting the American sex tourist. Evidentiary issues and corruption are some of the challenges that are prevalent in the judicial system (Sara, 2004). Specifically, corruption, and the underground nature of this phenomenon together with poor enforcement of laws prohibiting sex tourism creates impunity; hence, allowing many offenders to go scot free even when there is substantial evidence to prosecute them for sex tourism.

The US may not be able to prosecute American sex tourists when such criminal acts are committed outside the US (Kathy, 2002). This is because the federal government does not have jurisdictional authority to prosecute such offenders perhaps. Even if it had such authority, complex procedures and or lack of collaboration with officials from the foreign countries where such acts are committed would impede prosecution efforts (Sara, 2004). Difficulties in meeting the strict evidentiary standards set by the federal government are also an impediment. Often, the American prosecutors may find it exceedingly difficult to obtain admissible evidence from other countries where American citizens might have committed sex offences with minors (Kathy, 2002). This may be occasioned by the fact that it is not easy to prove that the offender may have travelled abroad with the intent to have sexual relations with a child. Again, the US lacks treaties with many countries that provide for the exchange of evidence or judicial help. The law requires that proof of intent to travel abroad to exploit minors is necessary. Nonetheless, proving that a person is in a state of mind intending to engage in sex with minors and vulnerable youth before leaving his or her country (the US in this case) is difficult (Kathy, 2002).

Solutions

For the US to succeed in battling the problem of child sex tourism, prosecutors must obtain thorough evidence from countries where its citizens commit sexual acts with minors. This can be achieved through having treaties to exchange evidence with all countries where Americans are known to frequent in order to engage in sexual acts with minor or teenagers. Establishing intent can also facilitate prosecutors in successfully indicting American perpetrators of sex tourism. After all, Americans, in most cases, travel overseas with the intention of performing sexual acts either with minors or poor youth (both girls and boys) (Sara, 2004). In this regard, authorities should endeavor to find strategies through which they can determine that American citizens travel abroad with the sole purpose of exploiting children and unemployed youngsters sexually. Even though such acts may not be illegal in the countries where they occur, the federal government may have jurisdictional authority to prosecute offenders of sex tourism abroad.

The federal government should also find ways through which its prosecutors may overcome jurisdictional impediments. The government may also collaborate with the criminal justice systems of foreign countries where American sex tourists are arrested for flouting their laws and engaging in sex with minors. That is to say, such offenders may even be repatriated to the US to face charges. Gathering substantial evidence to try sex tourists can also play a major role in combating the problem of sex tourism. Having treaties with other countries can facilitate in collection and exchange of admissible evidence between the US and foreign countries (Kathy, 2002; Sara, 2004).

Overall, prosecutors may find it difficult to prosecute American sex tourists for various reasons. Jurisdictional and evidentiary challenges, failure to establish travel intent and corruption are some of the common impediments for the US prosecutors. Thus, bilateral collaboration with regard to evidence collection and exchange and determining the intention to travel abroad are two of the best approaches through which the problem can be addressed satisfactorily.

References

Kathy J. S. (2002). Sex tourism and the child: Latin America’s and the United States’ failure to prosecute sex tourists, Hastings Women’s Law Journal, 13(1), 53-76.

Sara K. A. (2004). U.S. domestic prosecution of the American international sex tourist: Efforts to protect children from sexual exploitation. Journal of Criminal Law & Criminology, 94(2), 415-454.