In 2003, the United States Congress passed a law to fight sex tourism and sexual abuse of children. Congress titled the law the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (“PROTECT”) Act. Under the PROTECT Act, any U.S. citizen or legal permanent resident who sexually abuses or exploits children, anywhere in the world, can be held accountable in U.S. federal courts.

TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT (18 U.S.C. § 2423(b))

This law makes it a criminal offense:

• for a U.S. citizen or green-card holder to travel abroad for the purpose of raping, molesting, or engaging in prostitution with anyone under the age of 18
• for any person to travel to the United States, or between states within the United States, for the purpose of raping, molesting, or engaging in prostitution with anyone under the age of 18

ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES (18 U.S.C. § 2423(c))

This law makes it a criminal offense:

• for a United States citizen or green-card holder who travels in foreign commerce or resides, either temporarily or permanently, in a foreign country
• to rape, molest, or engage in prostitution with anyone under the age of 18

Defendants can face criminal sentences of up to 30 years in prison for each violation of the law.

In addition, the PROTECT Act created a private right of action for victims to bring civil cases for damages:

PRIVATE RIGHT OF ACTION (18 U.S.C. § 2255(a))

The law allows any person who was under 18 at the time they were trafficked, victimized in pornography, or sexually abused by a person engaging in interstate travel or sex tourism (among other crimes), and who suffers an injury, to:

• file a civil suit in a federal district court in the United States
• recover the actual damages the victim sustains or $150,000 in statutory damages
• recover reasonable attorney’s fees and other litigation costs
• recover punitive damages, as well as other forms of relief

The PROTECT Act has been used to hold U.S. citizens accountable for sexually abusing children in 24 countries around the world. The majority of these cases occurred in Cambodia, Haiti, the Philippines, and Thailand. These cases have included federal criminal prosecutions and a smaller number of federal civil law suits brought by victims.

This Practice Guide provides an overview of criminal and civil liability under the PROTECT Act. The Guide addresses frequently asked questions and provides case examples of criminal and civil PROTECT Act cases. This guide is not intended to provide legal advice and should not be used for that purpose. Please consult an attorney for questions on specific legal matters.

Read more here.