The Law Handbook 2024

Chapter 3.4: Sex work 169 recruiting is punishable by up to five years’ imprisonment (s53F Crimes Act). If the person who is recruited is under the age of 18 years, and the person advertising knows that they are; this is considered aggravated deceptive recruiting for commercial sexual services and is punishable by up to 10 years’ imprisonment (s 53G Crimes Act). Criminal Commercial Sexual Services Offences Forced or Induced Commercial Sexual Services Under the Crimes Act it is an offence for a person to induce another person to: • engage in or continue to engage in commercial sexual services (s 53L); or • provide or continue to provide them with a commercial benefit, payment or reward (including the supply of a drug of dependence) derived directly or indirectly from commercial sexual services (s 53M). Inducement can include: • assaulting or threatening to assault them or another person; • intimidate them or another person; • supply or offer to supply a drug of dependence to them or another person; or • make a false representation or use any false pretence or other fraudulent means. These crimes are punishable by up to 10 years’ imprisonment each. A person must not knowingly live wholly or in part on, or derive material benefit from, the earnings of commercial sexual services provided by a person in any of the above circumstances (s 53N Crimes Act). This is punishable by up to five years’ imprisonment. Sexual Servitude Under the Crimes Act it is an offence for a person to: • cause someone to provide or continue to provide commercial sexual services or not to be free to leave the place where these services are provided (s 53B); • cause or induce another person to provide, or continue to provide commercial sexual services and they are not free to leave the premises where these services are being provided (s 53C); or • conduct a business (this includes management, exercising control or direction or financing) that involves the provision of commercial sexual services by another person who is not free to stop providing those services or leave the premises where these services are being provided (s 53D). People are made to do these things by: • using force against them or any other person; • unlawfully detaining them or any other person; • engaging in fraud or misrepresentation in relation to them or any other person; or • using a manifestly excessive debt owed by them or any other person. Each of these offences is punishable by up to 15 years’ imprisonment. If the person who an offence under sections 53B, 53C or 53D of the Crimes Act is committed is under the age of 18 and the person knows that they are probably under the age of 18; this is considered aggravated sexual servitude. This is punishable by up to 20 years’ imprisonment. Offences involving children Under the Crimes Act it is an offence for a person: • to cause or induce a child to take part in or continue to take part in commercial sexual services (punishable by up to 10 years’ imprisonment) (s 53H); • to indirectly or directly obtain a commercial benefit, payment or reward (including a drug of dependence) for commercial sexual services provided by a child (punishable by up to 15 years’ imprisonment) (s 53I); or • who owns or occupies a premises, or who manages or assists in the management of a premises to allow a child to enter or remain on the premises for the purpose of taking part in commercial sexual services (punishable by up to 10 years’ imprisonment) (s 53K). ‘Taking part’ includes as a client or in any other capacity. It is not necessary to prove that the accused knew the other person was a child. It is a defence if the