Conducting a Business Involving Sexual Servitude is an offence under section 80E of the Crimes Act 1900, which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You conducted a business
- That business involved the sexual servitude of another or others, and
You knew, or were reckless as to whether, sexual servitude was occurring
‘Sexual servitude’ is where a person:
- Provides sexual services due to threats or force, and
- Is not free to cease providing the services, or is not free to leave the place where the services are being provided.
‘Sexual service’ is the commercial use or display of the body for the sexual arousal or sexual gratification of others.
‘Conducting a business’ includes:
- Taking part in the management of the business
- Exercising control or direction over the business, or
- Providing finance for the business
The maximum penalty increases to 19 years in prison where the offence was committed in ‘circumstances of aggravation’, which is where the complainant:
- Was under the age of 18 years, or
- Had a cognitive impairment
A person has a ‘cognitive impairment’ if he or she requires assistance in daily life due to:
- An intellectual disability
- A developmental or neurological disorder
- Severe mental illness
- Dementia, or
- Brain injury
Duress is a defence to the charge.
If you are going to court for Conduct of Business Involving Sexual Servitude, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 80E of the Crimes Act 1900, which deals with Conduct of Business involving Sexual Servitude, reads as follows:
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.
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Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
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Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We have the best and most comprehensive client review record of any law firm in Australia.
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We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
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Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
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