What the law states
Sexual servitude is described by the Crimes Act as the condition of a person who provides sexual services and who, because of the use of force or threats, is not free to cease providing sexual services or is not free to leave the place or area where the person provides sexual services. Sexual services are the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.
Threat is described as:
- a threat of force, or
- a threat to cause a person's deportation, or
- a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
Conduct of business involving sexual servitude
A person who conducts any business that involves the sexual servitude of other persons and who knows about or is reckless as to this servitude may be convicted of sexual servitude (s 80E Crimes Act 1900 (NSW)).
Conducting a business includes:
- taking any part in the management of the business, or
- exercising control or direction over the business, or
- providing finance for the business.
Penalties
The maximum penalty for conduct of a business involving sexual servitude is 15 years imprisonment. The maximum penalty increases substantially if the offence occurs whilst any circumstances of aggravation are present. The penalty becomes 19 years imprisonment.
Circumstances of aggravation include:
a) when the alleged victim is under the age of 18 years
b) when the alleged victim has a cognitive impairment.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with this offence, our experienced and knowledgeable criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.