Section 91E Crimes Act 1900 | Obtaining Benefit from Child Prostitution


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Being accused of obtaining a benefit from child prostitution can be an uncomfortable and embarrassing experience for you and your loved ones.

However, you can give yourself a leading advantage when it comes to fighting the cases by taking the time to understand the charges against you.

The offence of ‘obtaining benefit from child prostitution’ is contained in section 91E of the Crimes Act.

This section says that you may be charged with obtaining a benefit from child prostitution where it is alleged that you received money or some other material benefit knowing that it is derived directly or indirectly from an act of child prostitution.

The definition of child prostitution is contained in section 91C of the Crimes Act.

The maximum penalty if found guilty of this offence varies depending on the age of the child in question.

Where the child is aged between the ages of 14 and 18, the maximum penalty is 10 years imprisonment.

However, where the child is under the age of 14, the maximum penalty is 14 years imprisonment.

If you’ve been charged with this offence, it’s important to seek legal advice from a reputable criminal
defence lawyer as soon as possible.

Our lawyers have considerable experience fighting and winning these types of cases and can give you the best possible defence against the charges.

Where possible, our lawyers can effectively raise a defence against the charges – for example, where you are able to present evidence to show that the money or benefit received was for the provision of lawful goods or services, or where it was paid in accordance with a judgment, court order or legislative requirement.

As Sydney’s most experienced sexual offence lawyers, you can count on us to fiercely protect your rights and interests.

The Legislation

91E Obtaining benefit from child prostitution

(1) Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.

(2) A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned:

(a) was received by the person for the lawful provision of goods or services, or

(b) was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law.

(3) The higher maximum penalty under this section in the case of an offence involving a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.

Why Sydney Criminal Lawyers?

It can be difficult to know who to turn to when you have been accused of an offence such as ‘obtaining a benefit from child prostitution.’

However, as Sydney’s leading criminal defence lawyers, you can count on us to fight to protect your rights and interests.

In every case, we will take the time to listen to your story and advise you of your available options.

Often, we are able to get charges dropped at an early stage by carefully examining the evidence in order to identify weaknesses with the prosecution case, such as a lack of compelling evidence.

Where these issues are found, our lawyers can write to the prosecution requesting that the charges be dropped – this means that our clients are frequently spared the time and expense of a defended hearing or criminal trial.

Alternatively, should the prosecution refuse to drop the charges, our lawyers will fight hard to protect your reputation in court.

We will work alongside Sydney’s leading criminal defence lawyers in order to identify any defences, which, if raised, will result in a finding of ‘not guilty.’

We will also work tirelessly to defend your rights by raising all favourable evidence and examining all witnesses in the most strategic manner.

Our lawyers can also assist you in obtaining a lenient penalty should you wish to plead guilty by preparing and delivering effective sentencing submissions which focus on any mitigating factors, such as your good character.

So for the best result in your ‘obtaining a benefit for child prostitution’ case, get Sydney’s best criminal lawyers on your side – call us on (02) 9261 8881 and book your FREE first conference with our expert lawyers today.