An analysis of law enforcement cooperation in child sex tourism cases involving Thailand and Canada

ABSTRACT

Thailand and Canada share an interest in improving international cooperation in the investigation and prosecution of child sex tourism cases. Both countries have made international commitments to protect children from violence and sexual exploitation. Despite these commitments, child sexual exploitation by some Canadians still occurs in Thailand for complex reasons, including a lower risk of detection, the availability of poor and vulnerable children, lack of political will, and an established sex tourism industry. To understand how law enforcement cooperation can be improved in these cases interviews with twenty-four participants (criminal justice officials and NGO representatives) working in Thailand and Canada document their respective experiences of international cooperation, various challenges, and possible recommendations for improvement. Key findings include the importance of interagency cooperation and collaboration among foreign police based in Thailand, and barriers to effective cooperation such as admissibility of foreign evidence, involvement of non-police organizations in police operations, and lengthy diplomatic processes.

KEYWORDS:

• International
• cooperation
• child
• sex
• offender
• tourism

Acknowledgments

This research was completed as part of the Master’s Degree Criminal Justice program at the University of the Fraser Valley, British Columbia, Canada. This research was completed with the assistance of the Thailand Institute of Justice in Bangkok, Thailand, and through the guidance and support of senior supervisor Yvon Dandurand, and secondary supervisor Dr. Hayli Millar. This work was supported by the University of the Fraser Valley under the Wally Oppal Endowment Scholarship [2017]; the Children and Families Research Award [2018]; the School of Criminology and Criminal Justice Grants [2017 and 2018]; Student Presentation Grant [2018]; and the Student Services Education Enhancement Fund [2018].

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. It is acknowledged that new and preferred terminology for child sex tourism and child pornography is: the exploitation of children in travel and tourism, and child abuse images, being suggested by some researchers and organizations (Hawke & Raphael, 2016; Johnson, 2014; Luxembourg Guidelines, 2016). However, to maintain consistency with terms used in the international community and in Thailand and Canada the common phrases ‘child sex tourism’ and ‘child pornography’ will be used throughout this article.

2. In many cases, the TCSOs obsession in documenting, hoarding, and sharing child pornography images and videos within their (pedophile) networks leaves an evidentiary trail which provides concrete and often undisputable evidence of sexual assault (and in turn has often been the key pieces of evidence in securing convictions in CST cases). Krone (2004) has an extensive typology of online child sex abusers that use child pornography (that goes beyond the ‘preferential situational’ typologies of physical abusers) which may prove helpful in building more inclusive TCSO typologies. Krone (2004) recommended law enforcement continue to find new child pornography, infiltrate secure offender networks (often involving many jurisdictions) with a specific focus on the typologies of online offenders that are most likely to cross over to physical abuse of children. Given that tourism has become more accessible and financially viable for more people, as well as the widespread adoption of communication apps and technology, it is reasonable to estimate that the number of victims of CST and subsequent online sharing of child pornography will increase due to access and anonymity. Typologies of offenders and their different risks are important in determining who police should prioritize.

3. Mutual recognition is the acceptance of another country’s judicial decisions and sanctions without further review, which may mitigate timely review processes (Van Wijk, 2017).

4. The literature clearly defines two types of TCSOs, preferential (offenders who travel with the intent and purpose of sexually exploiting children) and situational (individuals who ‘seize the opportunity’ to sexually exploit a child while travelling), stating that a majority of TCSOs are situational (Newman, Holt, Rabun, Phillips, & Scott, 2011; Bandyopadhyay, 2012; Buckingham, 2014; Giron, 2005; Hawke & Raphael, 2016; Johnson, 2011; Montgomery, 2011; Newman et al., 2011; Vrancken & Chetty, 2009). ECPAT International (2008) adds a third category ‘paedophile’, which arguably could be included under ‘preferential’. Yet, participants only discussed offender characteristics and cases of TCSOs that would fit under the preferential (or pedophile) category. The general consensus by researchers on the types of child sex tourists seems clear, but Newman et al. (2011) also found that a majority of US citizens charged with sex tourism offences fit under the ‘preferential abusers’ category. Based on Newman et al.’s (2011) findings, Canadian TCSO convictions, and offenders discussed by participants, it would seem police are more likely to investigate and prosecute ‘preferentials’ as they are likely easier to apprehend due to their inclination towards child pornography collections and their tendency to harm a large number of children, often in multiple countries. If situational offenders are more common, it may be that the definitional distinction according to literature between preferential and situational offender types is not inclusive. Or it may be that preferential TCSOs are the only offender type that law enforcement agencies are pursuing or who are being convicted, or that certain countries and destinations attract preferential offenders. If situational offenders are more frequently exploiting children in comparison to preferential offenders, this may be a significant gap in law enforcement initiatives. However, if situational offenders are less likely to collect child pornography and partake in multiple trips where they exploit children, apprehending situational offenders in a foreign country would be inherently difficult if it were not for a surveillance lead, a tip, or luck. ECPAT International (2008) stated the same analysis regarding situational offenders, in that ‘Very few situational child sex tourists are arrested, tried and sentenced. This may be because they do not usually produce imagery of the abuse carried out nor go to extreme means to engage in child sex tourism, such as contacting paedophile networks or exchanging pornography.’ (Pg. 13, italics added).

Additional information

Funding

This work was supported by the University of the Fraser Valley [Children and Families Research Award 2018,School of Criminology and Criminal Justice Grant 2,Student Presentation Grant 2018,Student Services Education Enhancement Fund 2018,Wally Oppal Endowment Scholarship 2017].

Notes on contributors

Samantha de Vries

Samantha de Vries is currently conducting field work and data collection for her Doctoral thesis on opportunities, challenges and cooperation in transnational wildlife cases with a focus on Kenya and East Africa, and Canada and North America.