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Domestic Trafficking in Persons With Deception as to Sexual Services

Domestic trafficking in persons with deception as to sexual services is an offence under section 271.5(2B) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You organised or facilitated the transportation of another person from one place in Australia to another place in Australia
  2. There was an arrangement for the other person to provide sexual services, and
  3. You deceived the other person about:
  • The nature of the sexual services to be provided
  • The extent to which the other person would be free to leave the place or area where the sexual services would be provided
  • The extent to which the other person would be free to cease providing sexual services
  • The extent to which the other person would be free to leave their residence, or
  • The existence or quantum of any debt owed or claimed to be owed in connection with the arrangement for sexual services.

To ‘deceive’ is to mislead as to fact, including as to the intention of any person, or as to law, and can occur by words or other conduct.

Defences to the charge include:

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

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