Splintered Lives - Barnardo's

Japan:
is similar to many other statutes, and provides a loop hole whereby limited
protection is provided for adolescents, who it can be argued are not
"obviously" under 16. Osanka and Johaan (1989) have pointed to the need
for expert witness evidence regarding the age of children.
In the wake of international and national protests about sex tourism,
legislation was introduced in the late 1980s to prevent tourist agencies
promoting sex tourism, and new protective laws were introduced to protect
immigrant minors. However, Japanese men still figure amongst sex tourists to
South East Asia, and the home sex industry is now increasingly populated
by young women trafficked from South East Asian countries.
Most of the international documents we have examined outline approaches to response
in only the vaguest of terms, which most concerned with child protection would agree
with. Once discussion moves beyond the generalised level, however, substantial
obstacles and problems emerge.
We have already noted potential problems with harmonisation of legislation regarding
varying definitions of childhood, ages of consent. This is compounded by variations in
national legislation regarding child pornography, child prostitution and trafficking.
Whilst harmonisation would enable greater international co-operation, in the absence of
agreements that individuals could be prosecuted wherever in Europe they resided, what
resulted might constitute a lowest common denominator, which lessened some of the
limited protection children and young people have in some jurisdictions.
Most national and international responses have focused on a legislative framework
which enables prosecution of producers, procurers and traffickers, with the assistance
element to children and young people being left primarily to the voluntary sector and
charities. Few national and international responses have attempted to target demand,
with the possible exception of recent police targeting of sexual abuse rings. Even here
though what is evident are reactive responses by child protection staff and agencies
rather than proactive actions framed within an overall policy framework.
For example, there are substantial contradictions in the role of media. On the one hand
they frequently expose and report cases of sexual exploitation of children. At the same
time the media is the primary institution which legitimises the sexualization of children
through advertising and other products, and major media retailers are often also major
distributers of pornography. An integrated response requires attention being paid to this
issue, perhaps through professional codes of conduct.
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