Child sex abuser gets reduced prison sentence

From KI-Media

The Phnom Penh Appeal Court has upheld a child sex abuse conviction against Russian businessman Alexander Trofimov, but reduced his prison sentence from 13 to 6 years, state media said Friday.

The municipal court found Trofimov, 41-year-old executive director of the Koh Puos Investment group, guilty of debauchery in March for sexually abusing a 14-year-old girl.

The Appeal Court heard his case in absentia on Oct. 2 and ruled Thursday that under the country's new anti-human trafficking law, he should receive a lighter sentence, Appeal Court Judge Samreth Sophal was quoted by English-Khmer language newspaper the Cambodia Daily as saying.

"The new law's punishment is lighter than the old one," he said.

Trifimov is currently being held in pre-trial detention at Sihanoukville municipal prison as he is scheduled to be tried Monday for allegedly sexually abusing 18 other girls.

Disgusting.

So much for punishing child sex offenders. Cambodia is supposed to be tough on these types of criminals.

ETA - The anti trafficking law is the same law used to imprison women when they are caught carrying condoms. Check this out for more information.

Street children

When living in Cambodia and other developing nations, it's necessary to develop a thick skin. Poverty, violence and child abuse is rampant. Having been here over two years, I block out quite a bit of it - just impossible to cope otherwise.

Today while waiting at traffic lights, some children came to me and my friend and were begging. The rule is not to give to children because this exacerbates the situation but when there are four children around you it is so hard to say no. Instead we talked about going to Friends, an NGO that takes care of street kids. My friend had already contacted them on numerous occasions but the parents wouldn't go along with it. Now this is a fairly normal occurrence. Kids come up every day and we have the same conversation.

One of the girls, probably about five years old was holding a baby in heavy traffic. The baby was tiny and probably about a month old. She looked smaller than a doll. A tiny baby - smaller than my nephews when they were born. She must have weighed five pounds. It broke my heart. The child was so young and already was breathing in toxic fumes. The parents take the money given by tourists and send the kids out again. There's no point in contacting the police because they round up children and put them in "rehabilitation" camps.

I support NGOs financially but it is so hard to see young children being used so ill and knowing that there is nothing I can do.

V Day

V Day is an alternate to the diabetes-inducing cringe-fest that is Valentine's Day. V Day is a global movement that campaigns for an end to violence against women and girls. It is fitting to use today, 14 February, for something other than an excuse to buy pretentious tack masquerading as romance.

Violence against women and girls is one of the most serious issues globally. As I have mentioned before, the number one set of people at risk of violence are women and girls. The simple fact of being born a woman puts one at risk of violence. That is over fifty percent of the planet's population before one discusses poverty, ethnicity, religion, terrorism etc. That is unacceptable.

In Cambodia, violence against women and girls is reported daily.

'Violence against women, minors up in 2007', Cambodia Daily 2-3/2/2008

'Woman doused with acid after seeking divorce', Cambodia Daily 5/2/2008

'Personal disputes spur rash of acid attacks', Cambodia Daily 7/2/2008

'Second victim dies from Jan 16 acid attack burns', Cambodia Daily 8/2/2008

Not to mention the violence against women all over the world

Rape Is Weapon in Kenyan Violence

Now in a shelter, a battered wife tells her story

Controversy over abortion rights for rape victims in Egypt

Our bodies - their battle ground: gender-based violence in conflict zones

GUINEA: Children exploited, abandoned, sold into slavery

Women 'bearing the brunt of war'

Liberia's child rape victims

Gang-rape victim says she and others silenced by Halliburton

Woman raped in park at knifepoint

Gender based violence is pervasive and present all over the world, regardless of culture, religion, ethnicity, sexual orientation or socio-economic status. It must stop.

Say no to violence against women. Don't laugh at rape jokes. They are not fucking funny and only serve to reinforce the rape culture. Liss on Shakesville is collecting examples. And to those who deny that we are living in a world where rape is part of society, I suggest you read this and this and this and this and this and this and this and this. There are plenty more.

Today is Valentine's Day.It is appropriate that today people reflect on gender and violence because isn't today the day we act out the an incarnation of traditional gender roles. Most violence against women and girl is committed by an intimate partner or relation. How many women will get a token of commercial love today and get the shit kicked out of them tomorrow? Too many.

Never buy from children

From some tourist called Anna Kainberger through KI Media

Buying a book from either a landmine victim or a child is another option for putting some money back into the community - money better spent than paying the US$6 admission fee at the grand palace.

No that is not so. You never buy from children. It keeps the cycle of poverty going. It keeps very young children late on the streets, in a very vunerable position. The children who sell/beg are at risk of drug abuse, rape, violence, prostitution and trafficking.

The more you give/buy the more time the children spend on the street. If they are lucky enough to go to school, their learning is impaired due to exhaustion.

Besides, whatever money you give to children ends up in the pocket of their minder who waits on a motorbike around the corner.

Giving money to children or buying roses hinders the work of great NGOs like Mith Samlanh who work to educate and train children to have a future. Support NGOs who support children instead.

Nothing says I love you like rape

In Cambodia women are not even allowed to hand an object to a monk because women are impure and might contaminate the holy man. They place the object on the table and only then does the monk pick it up. I'm surprised that they do not have to sterilise it first. That's just a little background info on the sexism is Cambodia before it horrible story that follows.

There is a story today in the Cambodia Daily that is utterly repellent. A monk raped a 13 year old girl, got her pregnant and threatened to kill her if she told anyone. Eventually the girl's father found out because of her pregnancy and reported the monk to the police. And as if all of that wasn't bad enough, the monk says he did it out of love

He did confess to police, that he had raped the girl because he loved her. The victim is now 5 months pregnant. (Cambodia Daily 27/08/2007)

He was a monk. She was 13. He raped her because he loved her. Why did he threaten to kill her? Where is the logic there? Why is rape so acceptable in our society? Where is the outrage? Rape is a violent crime and not one you do to someone you love. Most of the time rape is about power and this girl was utterly powerless. How dare that monk say he loves her?

This makes me sick - what happened, the attitude towards women, the sick excuses and explanations and more importantly the utter acceptance of our rape culture. The more I read I think it was always like this. The media has pushed it out into the light of day, like a monstrous fault on our stained inhumanity. Why are we not shocked and appalled at such violence day after day?

Cambodian youth

Radio Free Asia is talking about being young in Cambodia and it is not a pretty picture...

One NGO involved with the youth, indicated that 70% of the youth are jobless and are now involved in criminal activities.

During the day commemorating the 8th International Youth Day, Long Khet, the president of the Youth Peace organization, said, on 10 August, that 70% of Cambodian youth ranging in age between 18 and 30-year-old, are facing joblessness and these youth are currently involved in drug use, gangs, delinquency, creating unrest in the society, and are providing bad influence to the younger generations.

Long Khet added that the reason these youth are struggling in the society is because they are very poor and they did not get any education. (Source)

There are no jobs and few role models. In a society that has such an unemployment rate, it is not surprising that people turn to drugs, violence and crime. This is a challenge that the government needs to face. What future can the majority of young people have in such conditions?

Well, good governance, education and job creation would seem to be a start. I have written at length about the governance in this country and so will not do so here. The educational system is full of problems.

Where to begin? Teachers are not paid enough so many impose illegal fees on students. Many students cannot afford $1 a month for education and so miss out on the opportunities that should be available.

The other major problem is cheating in exams and buying good marks.

Multiple choice question # 1: Which of the following explains why rampant exam cheating and bribery are making a mockery of Cambodia's education system?
- (a) teachers are profiting from it
- (b) students see no shame in cheating
- (c) the government says the problem does not exist
Sadly the answer is all of the above.

According to the teacher..., A and B grades have a fixed rate of $2 000 and $1 200 respectively. The cost of a C is negotiable but generally costs $700-800

Socially cheating is just another form of corruption. It's a reflection of the larger context of society.

The schools of the country are its future in miniature. (Source)

With schools like this, students unable to afford an education, and parents willing and able to pay for diplomas, there is and will continue to be a serious lack of trained professionals. It seems that once again corruption is at the root of the issue.

Ordinary crimes

This happens all too often here. It is not questioned, except by the children's rights NGOs but even they cannot keep up with the sheer number of cases of child molestation and sexual abuse.

A 25 year old man was charged with raping a 6 year old girl by Battambang Provincial Court on Tuesday ... the accused rapist was caught by the victim's mother and neighbours who heard the child cry... Seng Son, chief of the antitrafficking police said ..."she was too young for such an attack" (Source: Cambodia Daily 2/8/2007)

Too young? That, aside from her injuries, is the only comment made by the chief of the antitrafficking police. How about, rape is wrong at any age? How about, violence is unacceptable? How about, we need to reform our thinking because this story happens every week? How about, deploring sexual abuse? How about, we must protect our children? How about, why did this happen?

Why does this happen here? Every week, most days, there is a story in the paper about the rape of children and women. It seems to be very prevalent throughout the country. Sexual violence is a regular and almost normalised occurrence.

Some argue that the same thing happens in Europe, the US, Africa and they are right. Sexual violence is used as a tool in certain wartorn African countries to demoralise and split communities. In Europe and the US sexual violence is increasing and the blame is put squarely on the shoulders of the victims for reasons such as being "provocatively dressed", "expressing an opinion", "being drunk" or having a particular job, to name a few.

Why is sexual violence so accepted? Is it might makes right? Is it misogyny? Is is anger bubbling under the surface of a national psyche; anger that manifests as incest, sexual abuse, rape and domestic violence? These four crimes are in the papers daily throughout the world. What is so wrong with the world that this behaviour is normal and even suitable for jokes?

Acid attack

Police still have no suspects in Thursday morning's acid attack that left a high school student critically injured... "Our police were not immediately aware of the attack because acid attacks make no sound", Touth Naruth said of the dousing of sulphuric acid over Kiri Chariya as she walked home on a busy street from Wat Koh High School at 11am. (Source: Cambodia Daily)

Acid attacks are violent retribution normally against women for perceived crimes. In Cambodia, it is often the mistresses of married men who are doused. Other victims include girlfriends whose partners accuse of infidelity, or women who refuse to marry or refuse sexual advances. Such attacks are rare against school girls but again are not unheard of.

The police are treating the motive as revenge. Two youths on a motorcycle poured a litre of sulphuric acid over Chariya's head. She is now in critical condition in hospital. Why was she attacked? If it was revenge, it was probably revenge for a refusal. She may have refused to date her attacker. She may have refused to have sex with her attacker. She may have made her attacker wait or insulted him, or any other action that could perceivably have caused offense or loss of face in this prideful society.

Here, sex is taboo unless you are a man, married and have a mistress or visit brothels. They call it being MBA (married but available). Women have none of this freedom. They save their virginity until marriage because the alternatives are just too severe. In some cases, this leads to sulphuric acid in the face. She is probably blind and disabled for life because an adolescent male got into a snit about his entitlements. No real motive for the attack has been given but going on the statistics and situation it is most likely that Chariya refused sexual advances.

The teenage girls at her school are fearful of more attacks. One girl intimated that since they are students and not singers who have love affairs there is no cause of such attacks. But it is so easy to procure sulfuric acid. And it is so easy to get offended and it is so easy to blind, disfigure and disable someone and it is so easy get off scot free.

There is a law pertaining to acid attacks. It was drawn up in 2002 but there have been precious few convictions. It allows the sentence of 5 to 10 years if convicted. However, rich perpetrators do not spend time in prison. The case of Tat Marina is a case in point. According to Licadho:

The six attacks that led to convictions, and the perpetrators’ sentences, are:

• A woman who threw acid on her drunk and abusive husband, blinding him in one eye, during one of his many beatings of her: 4 years imprisonment.
• A woman who threw acid on her husband, blinding him in both eyes, because he was divorcing her: 15 years imprisonment;
• A man who threw acid on his wife because she left him to go and live with another man: 9 months imprisonment;
• A woman who threw acid on her husband’s second wife, seriously injuring her: 6 years imprisonment for attempted murder.
• A woman who killed a woman and injured her two sons with acid because she suspected the victim of having a relationship with her former husband: 18 years imprisonment (two accomplices were also convicted and sentenced, although one escaped);
• A woman who threw acid on her husband’s second wife, seriously mutilating her, and kidnapped the victim’s baby: a 2 years suspended sentence (so the perpetrator spent no time in prison).

What it boils down to is that the perpetrator did what he could because he could. Chances are he will not go to prison for his crime. The consequences are that an 18 year old woman is fighting for her life, a life she will live blind, disfigured and disabled, because he would not take no for an answer.

International Children's Day

Today is International Children's Day - "a day of worldwide fraternity and understanding between children" - which is wonderful. But perhaps it is more useful to think about children's rights and promoting adherence to child related conventions.

Six of the eight Millennium Development Goals relate directly to children. Children are living in poverty, embroiled in armed conflict, trafficked as slaves and sex workers, working in the worst conditions, living in shantytowns, addicted to drugs by the age of four, deprived of education, health, orphaned by AIDS and other diseases including those with treatment and a host of other situations that global civil society must work on and ameliorate for all the children in the world. As trite as it sounds - they are the future.

In Cambodia, children sell flowers, shoeshines, jasmine and newspapers on the streets. The expats do not buy from them because there is always a man on a motorbike to take the money and whisk them to the next restaurant, bar etc. It is very hard to say no but the rule is never buy from or give to children. ChildSafe Cambodia is an organisation that protects children and has a network of service people to watch for abuse. Their advice is clear

Do not buy anything from children on the streets:
- Many tourists and expatriates feel pity for the children selling various products. By buying products/services from children, you support a business that puts children at high risk; children are out at night until late and are working in hazardous places
- Most of the children are forced into work and racketed for the money they earn. All have an adult waiting for them outside and could do the job themselves without involving children
- By providing them with an income, it hinders organizations that work with these families to encourage alternative and safe sources of income.
- Children might say that they work to pay for their studies: surveys show that this is something to say to make a sale.
- What to do: Refrain from buying with a smile. If you want to help, support the Cambodian social workers that work with these children
- Giving them food has the same results as it maintains children on the streets

So we comply and refuse to buy and it must seem so unfair. The rich barang (foreigners) are eating, drinking and enjoying life in Cambodia and they won't spare 1000 riel ($0.25).

There is a lovely flower girl who works Riverside at night that a couple of my friends took to the waterpark and the zoo. She sells roses to people in bars but she is approaching an age that will make her vulnerable to prostitution and rape. It is heart-breaking but there's nothing we can do except support the child protection agencies. I recommend Rithy Panh's film Paper Cannot Wrap Up Embers for more information.

I have blogged before on the six year old boy I met who was in rehab for drugs and on Seila a victim of child trafficking. I found this press release from Legal Aid of Cambodia on pre-trial detention for children.

June 1 is International Children’s Day. On that day many accused children are awaiting their trials at the CC2 Prison in Phnom Penh and other prisons throughout the country. Most of them are being held in beyond the legal limits of pre-trial detention and they often wonder who is responsible for their excessive pretrial detention.

The juveniles are between 13 to 18 years old on the date of the accused crime. Nearly all of their clients are held in pre-trial detention in various provincial prisons and CC2 Prison. The excessive pre-trial detention period regarding these cases, range from 15 days up to 70 days or more. This can be considered as a broad violation of children's rights and leads to the situation that these juveniles are being deprived of receiving education, living with their families and enjoying social events even before it has been decided whether they are guilty or not. (Press release from Legal Aid of Cambodia)

Think about it this way, a child innocent of a crime gets locked away for maybe 70 days, over two months. Although it doesn't really matter whether the child is guilty of the crime or not. It is a violation of children's rights, a violation on the Convention on the Rights of the Child of which Cambodia is a signatory.

There is also the fact that child can be charged as adults here depending on the severity of the alleged crime or the status of the victim. There was a story not long ago of a teenager who cursed down the phone to the wife of a CPP official. He thought he was speaking to someone else. He is now in jail, waiting to be tried as an adult. He is in jail due to a mis-dialed number and very bad luck. (I will try to find the newspaper article and provide sources.)

They are just some of the stories from Cambodia. There are other stories, happier stories. There are children who get a great education and play without a care in the world. There are children who get English lessons and play football and meet foreign children. All childhoods are represented.