I wondered how long it would take the media to start talking about statutory rape laws regarding 16 year old Jamie Lynn Spears and her 18 or 19 old boyfriend. I was surprised it took 3 whole days for the rumblings to begin. As it turns out, her boyfriend's potential legal trouble depends on the state they had sex in: Louisiana or California (although I'm assuming they probably were getting it on in both states, and a few in between).
The idea of state to state, and even country to country laws is not just a cautionary tale for overzealous teens, but travelers as a whole. Remember the American, Michael Faye, who got caned for theft and vandalism in Singapore back in the '90's? Or the movie Broke Down Palace? Watching Claire Danes get the business from Thai prison guards, and seeing the aftermath of a roach crawling into Kate Beckinsale's ear is enough to make you want to stay home and skip the exotic adventure all together.
Then there's stories of Americans who were apparently minding their own business and faced frightening legal consequences abroad. An American man was arrested after getting into a car accident in Venezuela and severely hurting the other driver, though he was not at fault. An American businessman in the Middle East was arrested at an airport for having a pornographic magazine. A Connecticut man found himself in a Brazilian jail for 75 days in a cramped 18x20 foot cell with 16 other prisoners for stealing a meteorite -- even though he was a dealer in meteorites and acquired it legally.
The State Department estimates that nearly 3,000 Americans are arrested abroad, though the number is probably much higher. With millions of people traveling each day, that's a pretty small number. But if you're that one person, you won't care about the stats. Don't forget that being an American guarantees you nothing in another country, you are not there on diplomatic immunity and you are not entitled to follow your own laws and ignore the ones of the country you're visiting. Even the smallest amounts of drugs in some countries can land you in jails for years, regardless of if there is much legal basis for the claim. Japan has a ban on simple over-the-counter medications like Tylenol and Nyquil. Even seemingly innocent gestures like taking photographs of a government buildings and airports can lead to trouble.
Bribes are not necessarily frowned on, but giving one to the wrong person can be extremely dangerous. However, bribes can be a commonplace way to resolve issues. A simple 10 bucks could get you out of a speeding ticket or altercation with an aggressive officer. Your best bet when facing trouble is to ask to speak to the American consulate, but do not be arrogant or demanding or you'll make the situation worse. Always opt for travel insurance that includes 24-hour legal service. A charged cell phone and the insurance hotline number on hand can get you through a sticky situation. Call immediately at the first sign of trouble in case you are detained and cannot call afterwards. Your insurance should be able to put the correct legal counsel in touch. Finally, pick up the book Americans Traveling Abroad: What you Should Know Before You Go.
But don't forget about state to state laws like drug possession, speeding, and intoxication. While you'll of course have much more control and ease in dealing with trouble in your own country, don't pretend like being on vacation gives you free reign to do whatever you please. Need an example? Just watch the Spring Break coverage from Panama City Beach or the latest installment of Girls Gone Wild videos. Most teenagers don't necessarily flash their goods on a quiet Tuesday night in their own hometown. (Some maybe, but not most). That goes for adult travelers too. I once saw a 40-something year old man wearing a shirt and tie jump off a pier in Key West. He was drunk and could barely swim to the ladder that was at least a football field away. Also be aware that there are con-artists, less than savory individuals, and just average Joe's who will take advantage of tourists. That includes pick-pocketing, slipping something in your drink, running a scam, mugging you, or just messing with you for the fun of it.
Here are some simple rules to follow while traveling:
- Be aware of your surroundings at all times
- Don't offer up too much information to strangers, even in polite conversation
- Explore in groups, especially at night. If you're traveling alone, stay close to your accommodations or join a tour group
- Keep a copy of your driver's license or passport with you and make sure someone back home also has a copy
- Keep the details of your travel insurance, or if you're still in your own country, the number of a lawyer
- Keep at least $100 in traveler's checks in your suitcase or hotel safe in case your wallet is stolen
- Have a 'Worst Case Scenario Plan'. If you get detained, arrested, or are the victim of a crime, who will you call and what will you do?
- Let someone back home know of your travel plans and ask them to check-in with you if they don't hear from you by a specified date
- Don't act like an idiot just because you're on vacation
- Travel smart
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