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Soliciting Prostitutes

Soliciting Prostitutes is an offence under Section 19A of the Summary Offences Act 1988 which carries a maximum penalty of 3 months in prison.

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

  1. You solicited a person to provide you or another with prostitution, and
  2. You did so on a road or road-related area, or in, near or within view from a dwelling, school, church, hospital or public place

A ‘road-related area’ is a median strip, footpath, nature strip, cycling lane and any other area that doesn’t fall within the definition of a road but is open to or used by the public for driving.

A ‘public place’ is a place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons. It includes privately owned places that are open to the public.

The offence extends to soliciting from a stationary or moving vehicle.

You are not guilty if you are able to satisfy the court, ‘on the balance of probabilities’, that you had lawful authority to engage in the conduct.

Duress is also a defence to the charge.

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