‘Come and Live Like This’: An Examination of Australian Legal Perspectives on Child Sex Tourism in Southeast Asia and the Pacific

Abstract

Australians make up a disturbingly high proportion of child sex tourists in Southeast Asia and the Pacific. This trend stems from several factors: the economic gap between Australia and the Asia-Pacific region, the absence of psychological restraints that might regulate behaviour, and the perceived ineffectiveness of foreign law enforcement. Acknowledging their role in child sex tourism and complying with international obligations, Australia has implemented laws targeting its citizens and residents engaged in such activities. These laws remove certain obstacles to enforcement, such as the requirement of double criminality and allowing the prosecution of opportunistic offenders. Additionally, Australia has created laws addressing online involvement in such crimes. The Australian Federal Police is the primary investigative and enforcement agency of child sex tourism, often collaborating with foreign law enforcement agencies. Moreover, child sex offender registries aim to prevent potential offenders from traveling abroad. Despite these efforts, Australia’s approach could be bolstered. Enhancements could involve refining double jeopardy provisions to prevent offenders from evading prosecution if they haven’t completed their sentences or if the offence of which they were convicted did not reference the victim’s age. Introducing a distinct offence for involving individuals under 18 in prostitution outside Australia and expanding the use of assumed online identities to identify and disrupt child sex offenders should also be considered. It is also possible that further technology and regulations, such as artificial intelligence and the work of the eSafety Commissioner, will work to better identify would-be offenders.