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Causing Sexual Servitude

Causing Sexual Servitude is an offence under Section 80D 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:

  1. You caused another person to enter or remain in sexual servitude, and
  2. You intended to do so, or were reckless in that regard

‘Sexual servitude’ is where a person:

  1. Provides sexual services due to threats or force, and
  2. 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 gratification of others.

The maximum penalty increases to 20 years in prison where the offence is committed in ‘circumstances of aggravation’ which is where the complainant:

  1. Was under the age of 18 years, or
  2. Had a cognitive impairment

A person has a ‘cognitive impairment’ if he or she requires assistance in daily life due to:

  1. An intellectual disability,
  2. A developmental or neurological disorder
  3. Severe mental illness
  4. Dementia, or
  5. Brain injury

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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