Ask the Consul
The Protect Act
The sexual abuse and exploitation of minors
is a serious problem that many countries around the world, including both the
United States and the Dominican Republic, have committed themselves to
eliminating. For its part, the United States maintains a “zero-tolerance”
policy towards individuals who are intent on exploiting children either in the
United States or abroad, and the U.S. Congress has passed numerous laws designed
to protect all children however possible.
One American law that addresses the issue
of sexual exploitation and abuse of children outside the United States is the
“Protect Act” of 2003, which makes it a crime for a citizen or legal resident of
the United States to engage in illicit sexual conduct with a person under the
age of 18 in a foreign country. Specific actions covered by the Protect Act
include child prostitution, trafficking in children for sexual purposes, child
pornography and international sex tourism. Under this law, it is irrelevant
whether the citizen or resident intended, at the time he or she departed the
United States, to commit such acts. This is a significant change and a
strengthening of the laws that had existed previously on this issue.
Again: Under the Protect Act, the intent of
the person at the time he or she traveled is not a legitimate defense of acts
later committed abroad.
The United States Embassy in Santo Domingo
is aware that adult, American citizen men often travel or relocate to the
Dominican Republic and engage in sexual relationships with young Dominican
girls. Under Dominican law, adult men who engage in sexual acts with underage
girls may be charged with one of two crimes: “seduction” if the girl is 16 or
17, or “statutory rape” if the girl is under 16. Under the U.S. Protect Act,
there is no distinction, and all sexual acts with underage girls are covered
equally by this law. The only exception is if the adult male and the underage
female are legally married at the time of the sexual act. Any other sexual
contact is a crime under the Protect Act, and the men involved may face up to
thirty years in prison and fines of up to 250 thousand U.S. dollars.
The protection of children, who are
generally not in a position to protect themselves, is – and rightly should be –
a common goal of both our governments. The Consular Section of the U.S. Embassy
will be working closely with the relevant U.S. government and law enforcement
authorities to bring to the latter’s attention any cases of which we become
aware that involve possible violations of Protect Act provisions. | 
