New Zealand: high child prostitution rate and legislation allowing a 12 years old's consensual sex
<(AP Photo/Koji Sasahara>
This morning, New Zealand national news reported that child prostitution in the country is on the rise. Some children are as young as 12. and they engaged in commercial sexual service either on their own will or for their pimps. The stories of how they got involved in prostitution is vary. One girl said that she was picked up by a car full of men, and they raped her and forced her into prostitution. Another girl that an advocate knew of was recruited by a gang member in front of her school. After receiving drugs and running out of drug money, she was forced into prostitution by the gang member. When the police finds them, they are placed in a shelter. Yet, they return to the commercial sex industry on the same night. What is going on in New Zealand system?
Legislative Loopholes
The New Zeanland legislation defines children as people under 16 years old. Therefore, though children in the age between 16 and 18 are not allowed to work at massage parlors, no legislation prohibits them from engaging in commercial sex as prostitutes. What is worse, statutory rape of underage sex is applied to children in the age of 12 but not above. Therefore, a predator can have sex with a child in the age of between 12 and 16 and not go to jail as long as the child consented to the sexual act though it prohibits commercial sex in exchange of money or good.
In one study in 2001, 31% of 303 child prostitutes said that they began sex work under the age of 18 years old. A one researcher suspects that as they are not allowed to work at massage parlors, this means that they began street prostitution in the early age. In another study by ECPAT New Zealand in 2001, 10 percent were 12 years old or older, 13 percent was 13, 20% were 14, and 30% were 15 years old or older. Moreover it is a defense if the child consented and the perpetrator is under age 21 and believed that the child was over 16.
What does this mean to the victims and the predators?
The legislation described above gives much room for the predators to manipulate children under the age of 18. Sex between the two consensual people is a vague term, particularly when one of them is a minor. Regardless of the law prohibiting the prostitution of children under the age of 18, a john or pimp can manipulate the victim to think that she is a willing participant to the sex act. Suppose John Doe, a pedophile who has been watching the victim for a long time in distance approaches the victim as a friend. He earns trust and love from the victim to make her fall in love with him. Though the victim is 13 years old teenager who is still emotionally and physically developing, the law will not protect her if she was lured into having consensual sex with John Doe. Furthermore, suppose John Doe convinces the victim to have sex with his friend for money after telling her that she would make him so happy if she did it for him. Under the New Zealand law, the victim is guilty of prostituting herself to John Doe's friend. But, John Doe walks free because he didn't necessarily coerced her into prostitution. But, she consented it to do so out of her own sympathy and love for John Doe.
Long way to go
The research points out other factors behind child prostitution in New Zealand. Aside from the legislation loopholes, there are many other root causes promoting child prostitution in New Zealand that have not been addressed. Lack of resources and shelter program for the victims are just two factors that one advocate pointed out as the root causes according to the news article. Child neglect and runaway teens are other two factors that contribute to the increasing number of child prostitution. But more than anything, it's a weak legislation that failed to address demand factors behind child prostitution in New Zealand. Of course, the media promotion of sexual distortion in New Zealand is not freed from the blame, either.
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