The trafficking of children for purposes of sexual exploitation

whoa)
permits, procures or attempts to procure such child to have unlawful carnal intercourse, or to
commit any immoral or indecent act, with any person other than the procurer; or to reside in or to
frequent a brothel, or
(b) orders, permits, or in any way assists in bringing about, or receives and consideration for, the
defilement, seduction, or prostitution of such child.
It states further in Section 9(1A):
For the purpose of subsection (1)(b) a parent or guardian whose child has been defiled or seduced
or has become a prostitute, shall be deemed to have assisted in bringing about that defilement,
seduction or prostitution if he has knowingly permitted his child to consort with, or to continue in
the employment of, a prostitute or a person with an immoral reputation; and
'Guardian' is defined in Section 9(2) as any person who has in law or in fact the custody or control
of the child.
Section 9(1A) implies that only the father or male guardian can be directly or indirectly involved in
the 'defilement of a child' and does not provide for the prosecution of an involved mother or female
guardian. This broad definition of 'guardian' however, allows for the inclusion of persons who have
'temporary' custody, such as a relative or teacher, of the child.
Section 10 dealing with procurement states, that:
Any person who-
(a) procures or attempts to procure any female to have unlawful carnal intercourse with any person
other than the procurer or in any way assists in bringing about such intercourse; or
(b) inveigles or entices any female to a brothel for the purpose of unlawful carnal intercourse or
prostitution or conceals in any such house or place any female so inveigled or enticed; or
(c) procures or attempts to procure any female to become a common prostitute; or
(d) procures or attempts to procure any female to become an inmate of a brothel; or applies,
administers to or causes to be taken by any female any drug, intoxicating liquor, matter or thins
with intent to stupefy or overpower her so as thereby to enable any person other than the procurer to
have unlawful carnal intercourse with such female, shall be guilty of an offence.
This Section is inclusive of acts such as coercion and the use of drugs for the purpose of sexual
exploitation. Due to the use of the term 'female' instead of 'person' this provision could be
applicable for the protection of a girl child, but this restriction excludes the prosecution of sexual
offences against a boy or male. In addition, the narrow common law understanding of 'carnal
intercourse' (i.e. a man having sex with a woman) does not explicitly provide for the prosecution of
female offenders committing 'unlawful sexual activities' with other females or to males.
Section 11 makes conspiracy an offence only in the case where a female is induced by false
pretence or fraudulent means to allow a male to have 'unlawful carnal intercourse' with her.
Therefore, conspiracy in this context, is not an offence in the case where another male submits a
male to sexual exploitation, or another female submits a female to sexual exploitation.
Section 13 of this Act is aimed at the prohibition of activities related to abduction. It allows for the
prosecution of any person who takes or detains or causes to be taken or detained any unmarried
person under the age of 21 out of the custody and against the will of the parent or guardian with the
intent to have or allow 'unlawful carnal intercourse' with such abducted person.
Even though, coercion is considered in this section (i.e. against the will) it is only applicable to
protect the parent or guardian's 'will' and not the 'will' of the abducted person. In addition, the age
limit of 21 is too high, since the 'legal age' to be a 'major' is 18 and a person who is no longer a
minor can leave without the consent of parent or guardian or even against their will.
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