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May 3, 2015

“Catching American Sex Offenders Overseas: A proposal for a federal international mandated reporting law”

The title of this post is the title of this notable new law review article authored by Basyle Tchividjian, which I just came across.  Here is an excerpt from the end of the piece's introduction:

In Asia alone, over 62,000 Americans visit each year for the purpose of sexually victimizing children.4 These numbers do not include other parts of the world, nor the United States citizens who reside overseas and sexually abuse children. This considerable problem requires a bold and practical response that has proven to be effective in the United States. It is time that federal law catch up to the states and mandate its citizens who are overseas to report Americans who are suspected of sexually abusing children in foreign countries.

Section II of this Article provides a brief foundational history of mandated reporting laws in the United States.  Section III outlines the increased involvement of the federal government in promoting mandated reporting laws.  Section IV summarizes the modern state of mandated reporting, and Section V analyzes the effectiveness of the current law. Section VI shifts the focus to the growing problem of United States citizens sexually victimizing children in foreign countries.  Section VII introduces and analyzes the PROTECT Act, exposing a significant gap in the ability to enforce this federal law.  Section VIII proposes a federal international mandated reporting law that will help close the gap and allow the PROTECT Act to achieve its objective of identifying and prosecuting United States citizens who sexually abuse children overseas. 

May 3, 2015 at 03:37 PM | Permalink

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Comments

I am curious to know what the percentage is of these minors who are age 16 or over. In some countries, sexual relationships at this age may be seen as OK.

Posted by: citizen | May 3, 2015 5:33:25 PM

I smell BS:

"In Asia alone, over 62,000 Americans visit each year for the purpose of sexually victimizing children. These numbers do not include other parts of the world, nor the United States citizens who reside overseas and sexually abuse children." - From what orifice were these number pulled from?

"This considerable problem requires a bold and practical response that has proven to be effective in the United States." - The SO Laws have been demonstrated to be POS's and not effective. Where is this la-la land?

"It is time that federal law catch up to the states and mandate its citizens who are overseas to report Americans who are suspected of sexually abusing children in foreign countries." Ah, I see, - the usual "suspects.

"Section III outlines the increased involvement of the federal government in promoting mandated reporting laws. Section IV summarizes the modern state of mandated reporting, and Section V analyzes the effectiveness of the current law. Section VI shifts the focus to the growing problem of United States citizens sexually victimizing children in foreign countries. Section VII introduces and analyzes the PROTECT Act, exposing a significant gap in the ability to enforce this federal law. Section VIII proposes a federal international mandated reporting law that will help close the gap and allow the PROTECT Act to achieve its objective of identifying and prosecuting United States citizens who sexually abuse children overseas."

Lies, lies and more lies. Do not think for a moment that what is written has any basis in reality. Probably (I couldn't access the site without permission and identification), at best, feel good anecdotes that will increase the power and abuses of government. Think - No Fly List!

Posted by: albeed | May 3, 2015 10:09:31 PM

The author is the grandson of Billy Graham. He is a former Florida sex crimes prosecutor, now teaching law at Liberty University (founded by Jerry Falwell in 1971). None of this disqualifies him as an 'authority' on the subject of 'child sex tourism' or disproves his thesis. Certainly such crimes are morally repugnant and vigorous efforts to control this problem is totally justified.

However, there does seem to be a distinct possibility and high likelihood of the pursuit of a personal agenda (or 'group agenda') by the good professor. I have no idea what that agenda may be, but one may certainly speculate.

As to this amazing statistic ("62,000 Americans visit each year for the purpose of sexually victimizing children"), it is completely unfounded. Can you say: "Lies, damn lies, and statistics"?. Another study (from John Hopkins University) said there is no estimate as to the total number of people engaged in this crime. They cited only 50 arrests of Americans and others in 2008, post "PROTECT ACT", for engaging in child sex tourism. (see http://www.protectionproject.org/wp-content/uploads/2010/09/JHU_Report.pdf - Page 24). Quite a leap from 50 to 62,000.

The so-called "study" cited for this statistic is from a Karen D. Breckenridge, Atty. in Seattle, WA., circa 2006. However, when digging into HER sources, there is a significant lack of foundation, and I would say her information would not pass Daubert review. I dug pretty deep and if interested, I can provide further info as to this fact.

The entire 'statistic game' with this study is much like the Cheney/Bush ploy of planting info in the NY Times, and then citing it as a reliable source. Then the 'fact' is picked up by media networks (e.g., Fox News) and repeated/published as 'factual'. The 'echo chamber' at work.

End result: even more draconian laws....and beating of drums, serving as a basis for appropriation of GOBS and GOBS of taxpayer $$$ for "experts to study the issue". Of course, the experts mostly include folks such as Professor Basyle Tchividjian, and many many many other "concerned citizens" and so-called "research scientists".

We Hebrews have a word "Gonif".

Posted by: defense investigator | May 3, 2015 11:21:59 PM

Yes, the bill is misleading, the bill and other federal laws define "Child as anyone who is 17.99 seconds old to 17.99 years old.

In the country, it wasn't uncommon for teenagers to have sex and get married even in the 20th century, life expectancy was also much less, however in other countries such as developing countries life expectancy may still only be 40-50 years or so and that's the average. Thus it isn't uncommon for teens to marry and of course have sex.

I don't deny that there are those who exploit children in other countries, but federal law is broad, and the definition of "child victim" may not include a sex act at all. For instance a guy in his 20s slammed the brakes on his car, and grabbed a teenage girl's arm to chastise her for playing on the street. He did not attempt to kidnap her or do any sort of harm to the girl.

Wise listen for the teenage girl was very costly, the guy still had to register as a "Sex offender", and under the adam walsh act, Us marshalls enforced, he would be listed as tier 3, the most serious classification reserved for offenders, why because its still "false imprisonment of a minor".

Now of course if he had run over the teenager with his car, the penalty would be far less. To defense investigator, democrats are also guilty of the same misleading statistics as the one in five or four women will be sexually assaulted repeated by biden that was used by a dubious source. Both parties mislead folks on sex trafficking statistics such as the super bowl trafficking hype with chris christie and cindy mccain misleading folks.

Perhaps tea partiers are partially right about limiting the role of the federal government in a lot of areas?

Posted by: Alex | May 5, 2015 10:46:31 PM

Alex,

I am in full agreement with your observations regarding Joe Biden and other spineless jellyfish (aka 'politicians') regardless of party affiliation. I employed a familiar example (Cheney/Bush planting of info in NY Times) to illustrate the point - scurrilous characters routinely planting false info in 'scientific studies'. Self-serving politicians then exploit the pernicious 'fact', and proceed to fear monger, then pander and grandstand for votes so as to perpetuate their own power.

Our citizens, seeking safety and survival, have neither the time nor the inclination to look any deeper than that which is presented to them. They believe their "leaders" have their best interests at heart, and rely upon them to keep them safe from those whose images are 'looped' on cable tv and mass media outlets - people of color portrayed in the worst of lights (Ferguson, NY, Baltimore, etc). It's in the culture. The culture is what needs to change. Won't be easy and the odds are against us. And time is beginning to run out.

Posted by: defense investigator | May 6, 2015 6:52:31 AM

I'm a US citizen on the registry for a crime adjudicated in 2/99. I have been with a lady (47 yrs old)for 7 years and lives in the Philippines. In March 2015, I flew to the Philippines to marry her but was not allowed entry even after contacting their judicial department as to whether I was on their black list or not. They (judicial department) stated I was not black listed and can enter their country. However, once I arrived I was detained and not allowed in and then I was put on their black list. So, thousands of dollars wasted because of the US Governments Black Listing RSO

Posted by: Greg P | Dec 16, 2015 11:04:44 AM

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