Sexual offences committed abroad

Leaving the country protects no one: for offences against children, most states prosecute their own nationals and residents whatever the local law says.

Illustration: Sexual offences committed abroad

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The principle, and the exception

Criminal law is in principle territorial: an offence belongs to the courts of the country where it was committed. For decades that simple rule produced a well-identified perversity: crossing a border was enough to make conduct heavily punished at home effectively unpunished — for want of a local law, of investigative means, or of will.

To close that door, most states have adopted extraterritorial jurisdiction over sexual offences against children. It rests on a personal link: the offender's nationality, or their habitual residence.

The three locks, and how they are removed

A prosecutor reading a thick case file at her desk, her magistrate's robe hanging in a corner
A prosecutor reads a thick case file at her desk, her magistrate's robe hanging in a corner. For sexual offences against minors committed abroad, the usual locks are lifted: the prosecution service can act alone, without a complaint from the victim or a report from the foreign state, and acts tolerated or legal there remain punishable back home.
Dual criminalityNormally the conduct must also be criminal where it took place. That condition is set aside: an act tolerated or lawful locally remains punishable on return. This is the heart of the system.
Complaint or official denunciationNormally prosecution requires a complaint from the victim or a formal denunciation by the foreign state. That requirement also disappears: the prosecutor can act alone.
Limitation periodsTime limits are extended, and often run from the victim's majority rather than from the events. Several countries have made the gravest offences imprescriptible.

What this means in practice

There is no destination where such conduct is out of reach. Apparent local tolerance, inaction by the local authorities, ignorance of the visited country's law: none of these is a defence. And prosecution at home is independent of what happened locally — including of a local decision to take no action.

Who is covered

The scope goes beyond nationality. Most statutes also reach people habitually resident in the country, whatever their nationality. Someone long settled in a country therefore falls under its criminal law even without its passport. Some statutes also cover the case where the victim is a national, which protects families travelling abroad.

Measures that act before departure

Reporting: what actually starts cases

A hotel receptionist showing the register to a plainclothes police officer taking notes
A hotel, a date, a description are often enough: reports from hotel staff and travellers trigger a large share of prosecutions.

A substantial share of cases opened begins with a report from a witness: travellers, hotel staff, guides, cabin crew. Three beliefs stop people reporting, and all three are wrong.

Report in the country where it happened and in the person's home country; the two are independent. Do not intervene directly — note what you can, and let the authorities act.

If you are the person concerned

A victim can complain in their own country about conduct suffered abroad, long afterwards, and even where nothing was done locally. Support from a victims' organisation is free and worth having: the process is long and technical, and no one should go through it alone.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

European framework

European Union

This is the directive that requires every member state to prosecute its nationals for child sexual abuse committed abroad, even where the conduct is not punished locally.

Europe

Ireland

The Criminal Law (Sexual Offences) Act 2017 provides extraterritorial jurisdiction over child sexual offences.

United Kingdom

Section 72 of the Sexual Offences Act 2003 removes the need for the conduct to be an offence in the country where it happened.

Western Africa

Ghana

Ghana may prosecute as the place where the act happened, and the offender's own country, by nationality or residence, may do so as well.

Nigeria

The offender may face action in Nigeria, where the conduct took place, and in the state to which they belong by nationality or residence.

Eastern Africa

Kenya

Kenya, as the scene of the offence, and the home state of the offender, through nationality or residence, may each take action.

Uganda

A case can arise in Uganda, where the offence occurred, and in the country that has jurisdiction over the offender as its national or resident.

Zambia

The act can be pursued in Zambia, where it took place, and also by the state of which the offender is a national or resident.

Southern Africa

South Africa

South African courts can prosecute certain sexual offences committed abroad, subject to statutory connection and prosecution requirements.

Southern Asia

Pakistan

Two jurisdictions can act at once: the country where it happened, and the offender's country of nationality or residence.

Northern America

Canada

Section 7 of the Criminal Code allows prosecution in Canada for child sexual offences committed abroad.

United States

The PROTECT Act allows prosecution of citizens and residents for illicit sexual conduct abroad, with penalties up to thirty years.

Caribbean

Jamaica

Responsibility is shared: Jamaica prosecutes what happens on its territory, and an offender can also be pursued by the state of which they are a national or resident.

Trinidad and Tobago

Trinidad and Tobago, where the offence occurred, and the state of the offender's nationality or residence each have grounds to proceed.

Oceania

Australia

Division 272 of the Criminal Code, with penalties up to twenty-five years, and a passport regime that stops registered offenders leaving.

New Zealand

Extraterritorial jurisdiction over child sexual offences, with reporting through the police and the child exploitation team.

This topic is also covered for French-speaking countries · German-speaking countries.

Sources

  1. Directive 2011/93/EU, Article 17 : Jurisdiction and coordination of prosecution — UK Government (GOV.UK), 2011
  2. Sexual Offences Act 2003, section 72 : Offences outside the United Kingdom — UK Government (GOV.UK), 2003
  3. Code criminel (L.R.C. 1985, ch. C-46), article 7 : infractions commises à l'étranger — laws-lois.justice.gc.ca, accessed 2026 (in French)
  4. Sexual Offences Act 2003, section 86 : Notification requirements: travel outside the United Kingdom — UK Government (GOV.UK), 2003
  5. Sexual Offences Act 2003, section 91 : Offences relating to notification — UK Government (GOV.UK), 2003

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Further reading

Links to official or reference sources. They open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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