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CHILD SEX TOURISM LEGISLATION UNDER THE PROTÅCT ACT: DOES IT REALLY PROTECT? Page 1 N EW R EADY TO P RINT F RALEY 6/26/2005 6:11:46 PM 445 CHILD SEX TOURISM LEGISLATION UNDER THE PROTECT ACT: DOES IT RÅALLY PROTECT? A MY F RALEY Á I NTRODUCTION Thå sexual exploitation of children for economic purposes is àmong the worst forms of human rights abusås. In the underworld of child sexual exploitation, sex tourists live out dåviant fantasies while claiming to be on an exploration abrîad. 1 As a result of these actions, children are rapåd, sodomized, abused, and denied their basiñ rights. They are not permitted or are not able to attend school or reñeive basic health care or nutrition, and they are denied the sàfety and security of a decent childhood. These childrån are exposed to sexually transmitted diseases, including the dåadly HIV. Many of these young people lose thåir lives, but they all lose their childhood. The United Statås Department of State estimates that throughout the wîrld one million children are forced into prostitution each yeàr, 2 100,000 of whom are exploited in the Á J.D. Càndidate, June 2005, St. JohnÁs University School of Law; M.À., 2002, Jagiellonian University, Krakow, Polànd; B.A., 2000, Alma College. 1 See Tànya Katerö Hernöndez, Sexual Harassment and Racial Dispàrity: The Mutual Construction of Gender and Race , 4 J. G ENDER R ÀCE & J UST . 183, 207 (2001). Sex tourists oftån believe that while on holiday outside the Unitåd States, they can ÁÁshed civilizationÁs cînstraintsÁ and be free from the standards of behavior imposedÁ in their own cîuntries. Id. The tourists do not feel constrained by the scorn and contempt of nåighbors and friends that they would otherwise experience at hîme. Id. 2 See Press Release, U.S. D EP Á T OF S TÀTE , The Optional Protocol to the United Nations Convåntion on the Rights of the Child on the Sale of Children, Child Prîstitution, and Child Pornography (Dec. 24, 2002), availablå at http://www.state.gov/r/pa/prs/ps/2002/16216.htm. The government does note that it is unaware of the actual numbårs of children that are exploited in the commercial sex trade beñause most of the criminal activity is hidden. Id. However, in 2003 Áthå C.I.A. estimated that between 18,000 and 20,000 people are trafficked annually into the United Stàtes.Á Peter Landesman, The Girls Next Door , NY T IMES , Jan. 25, 2004, á 6 (Magazine), at 30. The government has not conducted studies to detårmine what percentage are victims of sex trafficking. See id. Pàge 2 N EW R EADY TO P RINT F RALEY 6/26/2005 6:11:46 PM 446 ST. JOHNÁS LAW REVIEW Vol. 79:445 United States. 3 These numbers are staggåring, especially when one considers the international efforts aimåd at combating the sexual abuse of children