Каталог :: Уголовное право и процесс

Статья: Детская проституция

focus in the new agendas was on the depraved 'foreigner' who preyed on the
innocence of children in developing countries.; As one media commentator
summarized, "The child prostitute has become a potent symbol of touristic
excess: the ultimate commodification of humanity in its most vulnerable and
innocent form" (Black, 1995: 13)
     Local demand
As campaigns to prevent child prostitution and exploitation matured, several
agencies, including ECPAT began to recognize that not all problems could be
attributed to debauched outside influences. In Olongapo City in the
Philippines much of the market for very young prostitutes had been connected
to US servicemen, but further research concluded that 50% of customers of the
estimated 1000 child prostitutes were locals. Research into the Thai sex
industry estimated that Western tourists mainly patronized women above age 18
and that 90% of the demand for 'underage girls' came from locals. NGOs began
to develop more sophisticated analyses of what had previous been considered a
pedophile problem. The lives of street children emerged as a theme especially
in Latin American countries such as Brazil where estimates climbed into
100,000s for the number of children living on the streets or insecure homes.
Local demand for young sexual partners of either gender was viewed as the
problem for these youngsters rather than necessarily the demands of foreign
tourists. Other forms of societal violence and the actions of corrupt
officials, the military and the police were also listed as problems by NGOs
and journalists. The abduction and murder of street kids in Guatemala,
Colombia and Brazil were cited in the media as key examples of what was to
become an international scandal. One study into the lives of 143 street
children in Guatemala City carried out by Casa Alianza found that commercial
sex was a reality for almost all of these young people as a form of survival
(Harris 1996). The consequences of life on the street and sexual activity
with numerous partners were severe-100 percent of the children reported being
sexual abused and 93 percent had previously contracted sexually transmitted
diseases including genital herpes, gonorrhea, and scabies. All of the
children reported drug use featuring the sniffing of glue and solvents as the
drug of choice.
     Trafficking in children
Most recently I believe that the hot topic for NGO intervention, media focus
and international action lias shifted away from the actions of pedophiles and
child prostitution per se to the notion of'trafficking in children'. This
trend is best represented by the 1997 name change of ECPAT from End Child
Prostitution in Asian Tourism to End Child Prostitution,
Child Pornography and the Trafficking of Children for Sexual Purposes,
Trafficking in persons is an ill-defined concept at best but may be
considered the brokered movement of persons across state lines or borders
(refer to GAATW definition). However, most of the documents and studies that
consider the problem of'sexual trafficking in children' define this very
broadly to encompass the transportation of children from one place to
another. This means that very diverse examples are bundled together under one
label obscuring fundamentally different legal concerns. Instances where young
Brazilian women are taken to remote villages in the Amazonian mining
districts to 'work' in canteens and bars and provide sexual services for
local laborers raise different legal, health and human rights concerns than
the cases of young Burmese women and girls who are sold by their parents to
work in Thai brothels (see Beyer, 1996 and Human Rights Watch, 1993 for case
Recently attention has focused on the fate of young women from Nepal who are
tricked into travelling to Indian with the promise of'legitimate' employment.
ECPAT has estimated that 200,000 Nepalese women under 16 years of age are to
be found in Indian brothels and of these approximately 40,000 are hired
against their will. ECPAT contends that entire villages are involved in the
trade. Young women are abducted or persuaded to go with brokers by their
parents, husbands, relatives and friends. A broker makes approximately $800US
when he sells the women to a brothel, an amount that is more than three times
the average yearly income in Nepal. The young women work until the brothel
owners have recouped the outlay wages and it may takes three years to pay
back the debt. If the brothel owner provides food, health case or clothing
they expect remuneration. According to a 1995 Asia Watch Report about half of
Bombay's 100,000 girl prostitutes are Nepalese girls who are routinely raped,
beaten, exposed to HIV/ATDS and kept in brothels against their will as
virtual 'sex slaves'. ECPAT also contends that the demand for virgin girls is
increasing and the age of girls being trafficked to India is decreasing. The
average age in the last decade is said to have fallen from 14-16 years to the
present 10-14 years.
     Looking at the problem from different perspectives
I have used this brief history of recent ways of speaking about and
contextualizing child prostitution and sexual trafficking in children as a
way of introducing the debates and some regional concerns including the
concept of trafficking. However, some of the reports I have quoted and the
figures I have presented are for me problematic and may obscure more than
they reveal. Terms such as 'sexual slavery' and 'child prostitution' may
initially appear to describe the lives of some of the young women and men I
have mentioned) but a closer examination reveals that many of the subjects in
the reports do not consider themselves child prostitutes. Several times when
researching for this seminar I read that "It is estimated that 1 million
children are sold into prostitution around the world' but at no point was I
ever fully informed how this figure was calculated.
In order to elucidate my point I would like to share with my own research
experience in Australia and to draw on some other examples from research in
Peru and Thailand. Before I proceed let me assure you it is not my intention
to somehow dismiss abuses to which children and young people are subjected.
It is my intention, however, to promote accuracy in reporting and research
and to encourage everyone when writing articles about 'child sex' to question
right from the start, how is it that we know what we supposedly know to be a
fact. I have photocopied some publications and made a short bibliography for
follow up about some of the issues I will discuss here.
     a. Child prostitution?
In 1995 and 19961 oversaw a research project in Adelaide, South Australia. At
that time I was directing a division at the AIDS Council of South Australia
which included a sex worker health and rights program. Our research project
focused on young homeless people in South Australia with an aim to finding out
about the kinds of sexual health risks they faced and how we might improve our
HIV prevention work with this group. Many other youth health agencies in South
Australia were very concerned that young homeless people were being abused by
pedophiles, selling sex to survive on the streets and, as the local
newspaper put it that there was a 'child prostitution ring' operating in inner
city Adelaide.
We decided to put aside rumor and anecdotal information and investigate the
nature and extent of the problem. Rea Tschirren, a project officer at the
AIDS Council, interviewed 106 young homeless people using a survey which
guaranteed their confidentiality and provided them with a way of indicating
whether or not they had had sex for favors which included accommodation,
food, clothing, safety, drugs or transport. We deliberately did not refer to
this as 'prostitution' in our survey because we felt that this would be
prejudging the data. We wanted to let the young people describe themselves
and to reveal what their needs were rather than imposing our own values and
judgements about their behavior. Our research revealed that one third of the
young people interviewed had engaged in sex for favors and another 10 percent
said that they would consider doing so in the future. The young people who
had engaged in sex for favors exhibited some specific health problems
relating to drugs and alcohol and depression. Attempts at suicide were common
for all the young people interviewed, but young people who had engaged in sex
for favors were twice as likely to have attempted suicide than those who had
not engage in this behavior.
An important elements that emerged from our research was that young people
who engaged in sex for favors rarely defined themselves as 'prostitutes' or
linked their activities to work in the sex industry per se. The term
prostitution, for all but one person interviewed, was not a way a describing
their reality. Rea and I published about this in the National AIDS Bulletin
in Australia where we subtitled our article "Prostitution is something other
kids do." Heather Montgomery in her case study of a small village next to a
tourist resort in Thailand had a similar research experience (see Montgomery,
1998). She discovered that the children and young people who engaged in what
could be termed 'prostitution' with tourists as a way of supporting their
families, considered it a deep insult to be called a 'child prostitute.' They
would refer to their activities in other ways including 'going out for fan
with foreigners', 'catching a foreigner' or even 'having guests.'
If young people are uncomfortable with the term 'child prostitution' and are
therefore likely to avoid speaking to service providers if this term is used,
then its usefulness in NGO program work should be questioned. Clearly many of
the young people interviewed in our study required assistance from service
providers, especially in relation to attempts at self-harm and suicide, It
was not conducive to our work to use terms which further alienated young
people and made them reluctant to seek help. Our term 'sex for favors' has
been accepted by service providers in South Australia as a neutral and non-
judgmental way of speaking about the sensitive issues associated with young
people having sex with adults for some kind of gain. ECPAT Australia has also
recently acknowledged the term 'sex for favors' as a way of describing the
experiences of some young people (ECPAT 1997),
     Sexual exploration and sexual identity
The second point that emerged from our research in Adelaide was that the
exchanges of sex for favors may sometimes associated with young people's
search for sexual identity. In a few instances indications were that some
young men exchanged sex for favors with other men not only as a survival
tactic but also as a way of exploring bisexuality and homosexuality. Carlos
Caceres research in Lima, Peru explores the nuances of young men's sexual
negotiations with older men in greater detail. Some young men who identify as
'fletes' (young men in this study who were 16 to 19 years old and who went to
areas that we might call 'beats' to have sex with other men for money or some
other kind of remuneration) strongly identify as heterosexual and deny that
they are sexually interested in their clients or homosexuality. Other young
men in this study acknowledged that they might be bisexual or even part of
the gay community in Peru (Caceres ana Jimenez, forthcoming}. In both of
these instances in Australia and in Peru to employ the term 'child
prostitute' or to deny that some element of exploration exists in some
instances would misrepresent the experiences of these young people. At times
it is necessary to look past the framework of prostitution or pedophilia and
focus on the words and experiences of children and young people without
making immediate value judgements,
     c. Age matters
The final point, which may be relevant from our research experience in
Adelaide, is that age matters. It is crucial to specify the age groups with
which one is working or to which one refers in research and the media, We
interviewed young people aged 12 to 23 years old and it was clear that the
experience of life on the street was significantly different for very young
interviewees. For example, some very young people interviewed had not had sex
yet but knew about opportunities to exchange sex for favors and considered it
something that they might do in the future. Clearly the health and education
needs of these young people differ from older teenagers who are already
involved in sex for favors. Initially this subtlety was one of the most
difficult to convey to the media when I spoke to journalists about our
research and findings. The desire to provide simple summaries for maximum
'reader impact' is strong, but it is essential to be clear about the ages of
the 'children' involved in studies or who are served by NGO programs.
Our research findings have been confirmed by other studies. The International
Labor Organization (ILO) has been at the forefront of research into child and
youth involvement in sex work. The 1996 report "In the Twilight Zone"
concluded from four country studies that most "child prostitutes" are in fact
better described as youth or young people. The report which focuses on child
and youth workers in the hotel, tourism and catering industries in the
Philippines, Sri Lanka, Kenya and Mexico found no individual who sold sex on
a regular basis was younger than 15 nor had any interviewee begun this work
younger than 14 years old. Once again I hasten to add that this does not mean
that abuse of very young or prepubescent children never occurs. All too sadly
it does. However, I am in agreement with the ILO that cases which involve
very young children or clearly involve physical and sexual abuse are more
accurately described as "commercialized child sexual abuse" rather than
prostitution, sex work or 'sex for favors'. In summary, I suggest that
reporting about the lives of children, and young people use terms which
accurately and sensitively describe their lives or even reflect what they
might say about themselves,
     4. Concluding comments
The issues surrounding the commercialization of child sexual abuse, sex for
favors, young people who work in the sex industry and the forced trafficking
in children and youth across state and national lines present us with a
plethora of health and legal concerns. We may wish to discuss strategies
which can help all these categories of children and youth including the
different needs of boys and girls, homeless youth as opposed to young people
who still live at home, and very young children as opposed to young реэр1е
over 15 or 16 years. One successful strategy in my experience has been
bringing together youth workers and agencies with diverse perspectives.
"A Modern Form of Slaverу: Trafficking of Burmese Women and Girls into Brothels
m Thailand." Asia Watch, HRW, 1993.
Beyer, D, 1996, "Child prostitution in Latin America." In Forced Labor: The
Prostitution of Children, Papers from a symposium co-sponsored by US
Department of Labor, Bureau of Labor Affairs, the Women's Bureau, and the US
Dept of State, Bureau of Democracy, Human Rights and Labor, Sept 29, 1995, DC.
Black, M, 1995, In the Twilight Zone: Child Workers in the Hotel, Tourism
and Catering Industry, Geneva, ILO
Caceres, C. and Jiminez, 0., "The Flete experience in Parque Kennedy: Sexual
cultures among young men who sell sex to other men in Lima," (chapter to be
published in Aggleton, P, Men Who Sell Sex - International Perspectives on
Male Prostitution and AIDS. London: UCL Press).
ECPAT-Australia, 1997, Youth For Sale, ECPAT-Ausiralia.
Harris, B, "All they have left to sell is themselves: Sexual Exploitation of
Children Increasing Worldwide," 20 August 1996 (Internet news article).
Interpol, 1996, "The International Law Enforcement Response Against Child Sexual
Exploitation." In Forced Labor: The Prostitution of Children, Papers
from a symposium co-sponsored by US Department of Labor, Bureau of Labor
Affairs, the Women's Bureau, and the US Depi of State, Bureau of Democracy,
Human Rights and Labor, September 29, 1995, DC.
Montgomery, H, 1988, "Children, prostitution and identity: A case study from a
tourist resort in Thailand." In Global Sex Workers edited by K.
Kempadoo and J. Doczema, Routledge, New York: 139-150.
     Resources, documents and follow-up information
Aggleton, P.J. Men Who Sell Sex - International Perspectives on Male
Prostitution and AIDS. London: UCL Press. (Simultaneously Philadelphia:
Temple University Press).
"A Modem Form of Slavery: Trafficking of Burmese Women and Girls into Brothels
in Thailand," Asia Watch, HRW. 1993.
     Black, M, In the Twighlight Zone: Child Workers in the Hotel, Tourism and
Catering Industries, Geneva, ILO. 1996.
     Conceptual Clarity on Trafficking. Proceedings of the workshop organised by the