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Obtaining a Benefit from Child Prostitution

Obtaining a Benefit from Child Prostitution is an offence under section 91E of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison or 14 years where the child was under the age of 14.

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

  1. You received money or any other material benefit
  2. The money or material benefit was derived from child prostitution, and
  3. You knew the money or material benefit was derived from child prostitution

The ‘money or material benefit’ can be derived directly or indirectly.

‘Child prostitution’ is defined as

Any sexual service, whether or not involving an indecent act:

  1. That is provided by a child for the payment of money, or the provision of any other material thing, or
  2. That can reasonably be considered as aimed at the sexual arousal, or the sexual gratification of a person other than the child.

A ‘child’ is a person under the age of 18 years.

You are not guilty of the offence if you are able to satisfy the court ‘on the balance of probabilities’ that the money or material benefit concerned was:

  1. Received for the lawful provision of goods or services, or
  2. Paid or provided in accordance with a judgment, court order or legislative requirement.

Duress is a defence to the charge.

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