Section 91C Crimes Act 1900 | Definition Child Prostitution


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There are a number of provisions under the Crimes Act which relate to child prostitution offences, for example:

  • Section 91D makes it an offence to promote or engage in child prostitution;
  • Section 91E makes it an offence to obtain a benefit from child prostitution;
  • Section 91F makes it an offence to use premises for child prostitution.

Accordingly, it is necessary to define what ‘child prostitution’ is.

Section 91C of the Crimes Act contains the definition of ‘child prostitution.’

Under this section, an ‘act of child prostitution’ refers to any sexual service which involves a child in exchange for the payment of money or some other material benefit, and which is aimed at the sexual gratification of someone other than the child.

It may include sexual activities between people of different sexes or the same sex, including sexual intercourse or masturbation.

The legal definition includes the penetration of the genitals or anus by a person’s body part or an object, as well as oral sex.

Under the law, a child is anyone under the age of 18.

While being accused of a child prostitution offence can be overwhelming for you and your loved ones, you can rest assured that our criminal law specialists will fight hard to protect your rights and reputation.

With years of experience fighting serious sexual offences, our lawyers have the knowledge and experience necessary to secure the best possible outcome in your case.

The Legislation

91C Definitions

For the purposes of this Division:

“act of child prostitution” means any sexual service, whether or not involving an indecent act:

(a) that is provided by a child for the payment of money or the provision of any other material thing (whether or not it is in fact paid or provided to the child or to any other person), and

(b) that can reasonably be considered to be aimed at the sexual arousal or sexual gratification of a person or persons other than the child,

and includes (but is not limited to) sexual activity between persons of different sexes or the same sex, comprising sexual intercourse (as defined in section 61H) for payment or masturbation committed by one person on another for payment, engaged in by a child.

“child” means a person who is under the age of 18 years.

Why Sydney Criminal Lawyers?

Being accused of a child prostitution offence can be a distressing and highly emotional experience.

However, you can give yourself the best possible defence against the charges with Sydney’s best criminal lawyers on your side.

Our lawyers have a wealth of experience fighting and winning some of the most serious sexual offence cases in the state.

We are equipped with the knowledge and experience necessary to secure a positive outcome in your case.

In every matter, our lawyers will take the time to listen to your side of the story and examine all the evidence in order to identify problems with the prosecution case.

Where issues are found, our lawyers will write persuasive letters to the prosecution requesting that they drop our charges.

In many cases, this means that our clients are spared the burden of defending their matter in court.

However, where your matter progresses to court, rest assured that our experts will fight hard to protect your reputation.

Our advocates are highly respected criminal law specialists who have considerable experience fighting and winning serious child sexual offence matters.

We will work alongside Sydney’s leading criminal barristers to raise all favourable evidence, along with any defences, in the most compelling manner.

Our lawyers can also assist should you wish to plead guilty by preparing sentencing submission which highlight any mitigating factors and focus on the need for a lenient penalty.

Our ability to consistently obtain outstanding results in these matters is a testament to the hard work and dedication of our expert lawyers.

For the best result in your ‘child prostitution’ case, call us today on (02) 9261 8881 and book your FREE first conference with Sydney’s leading child sex offence lawyers.