Section 80 Crimes Act | Sexual Servitude


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The Legislation

Section 80 of the Crimes Act is the offence of Sexual Servitude and is extracted below.

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80B Meaning of “sexual servitude”

(1) For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a) is not free to cease providing sexual services, or
(b) is not free to leave the place or area where the person provides sexual services.

(2) In this section:”sexual service” means the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.”threat” means:
(a) a threat of force, or
(b) a threat to cause a person’s deportation, or
(c) 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.

80C Meaning of “circumstances of aggravation”

In this Division, “circumstances of aggravation” means circumstances involving either or both of the following:

(a) the alleged victim is under the age of 18 years,
(b) the alleged victim has a cognitive impairment (within the meaning of Division 10).

80D Causing sexual servitude

(1) A person:
(a) who causes another person to enter into or remain in sexual servitude, and
(b) who intends to cause, or is reckless as to causing, that sexual servitude,
is guilty of an offence. Maximum penalty: Imprisonment for 15 years.

(2) A person is guilty of an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. Maximum penalty: Imprisonment for 20 years.

80E Conduct of business involving sexual servitude

(1) A person:
(a) who conducts any business that involves the sexual servitude of other persons, and
(b) who knows about, or is reckless as to, that sexual servitude,
is guilty of an offence. Maximum penalty: Imprisonment for 15 years.

(2) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. Maximum penalty: Imprisonment for 19 years.

(3) For the purposes of this section, “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.