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Sexual Servitude
Sexual Servitude
Written by
Paul McClure
Criminal Defence Lawyer
What the Law states - Sexual Servitude
Crimes Act 1958 - SECT 60AB
Sexual servitude
60AB. Sexual servitude
(1) In this section-
commercial sexual services means services for commercial benefit involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others; threat means-
(a) threat of force; or
(b) threat to cause a person's deportation; or
(c) threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of commercial sexual services.
(2) A person who, by the use of-
(a) force; or
(b) a threat; or
(c) unlawful detention; or
(d) fraud or misrepresentation, including by omission; or
(e) a manifestly excessive debt-
causes another person to provide, or to continue providing, commercial sexual services is guilty of an offence and liable to level 4 imprisonment (15 years maximum).
(3) A person who-
(a) causes or induces another person to provide commercial sexual services; and
(b) knows that, or is reckless as to whether, the other person providing those services will not be free to stop providing those services because of the use of-
(i) force; or
(ii) a threat; or
(iii) unlawful detention; or
(iv) fraud or misrepresentation, including by omission; or
(v) a manifestly excessive debt- is guilty of an offence and liable to level 4 imprisonment (15 years maximum).
(4) A person who-
(a) conducts a business that involves the provision of commercial sexual services; and
(b) knows that, or is reckless as to whether, the persons providing those services are not free to stop providing those services because of the use of-
(i) force; or
(ii) a threat; or
(iii) unlawful detention; or
(iv) fraud or misrepresentation, including by omission; or (v) a manifestly excessive debt- is guilty of an offence and liable to level 4 imprisonment (15 years maximum).
(5) For the purposes of subsection (4), conducting a business includes-
(a) taking any part in the management of the business; or
(b) exercising control or direction over the business; or
(c) providing finance for the business.
Maximum Penalty in Victoria
15 years
What the Prosecution must prove - Sexual Servitude - Vic
(a) The accused caused another by threat, force, fraud or misrepresentation to provide sexual services for commercial benefit.
Possible Defences - Sexual Servitude
(a) Factual dispute.
(b) Identification dispute.
(c) Lack of intent.
(d) Lack of commercial element.
Which court will hear the charge of Sexual Servitude
County Court.
