Div 12Sexual servitude and related offences

Division 12—Sexual servitude and related offences 65A—Definitions (1) For the purposes of this Division— ask connotes a request made with serious intendment (as distinct from one made without an actual intention of obtaining the ostensible object of the request); child means a person under the age of 18 years; commercial sexual acts means acts performed by a person for payment (whether made to the person or to another) involving the use or display of the body of that person for the sexual gratification of another or others; compulsion—a person compels another (the victim) if the person controls or influences the victim's conduct by means that effectively prevent the victim from exercising freedom of choice; payment includes any form of commercial consideration; sexual servitude means the condition of a person who performs commercial sexual acts under compulsion; undue influence—a person exerts undue influence on another (the victim) if the person uses unfair or improper means to influence the victim's conduct. (2) For the purposes of this Division, a person whose conduct causes a particular result is taken to have intended that result if the person is reckless about whether that result ensues. 66—Sexual servitude and related offences (1) A person who compels another to perform or to continue to perform commercial sexual acts is guilty of the offence of inflicting sexual servitude. (a) if the victim is a child under the age of 14 years—imprisonment for life; (b) if the victim is a child under the age of 18 years—imprisonment for 19 years; (c) in any other case—imprisonment for 15 years. (2) A person who, by undue influence, gets another to perform, or to continue to perform, commercial sexual acts is guilty of an offence. (a) if the victim is a child under the age of 14 years—imprisonment for life; (b) if the victim is a child under the age of 18 years—imprisonment for 12 years; (c) in any other case—imprisonment for 7 years. (3) A person charged with an offence against subsection (1) (the aggravated offence) may be convicted, on that charge, of an offence against subsection (2) (the lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that the lesser offence has been so established. (4) The question whether, in a particular case, a defendant's conduct amounts to compulsion or undue influence (or neither) is one of fact to be determined according to the circumstances of the particular case. (5) Evidence of the following or any combination of the following may be relevant to that question— (a) fraud, misrepresentation or suppression of information; (b) force or a threat of force; (c) any other threat (including a threat to take action that may result in the victim's deportation or a threat to take other lawful action); (d) restrictions on freedom of movement; (e) supply, or withdrawal of supply, of an illicit drug; (f) abuse of a position of guardianship or trust; (g) any other form of unreasonable or unfair pressure. 67—Deceptive recruiting for commercial sexual acts (a) offers another (the victim) employment or some other form of engagement to provide personal services; and (b) knows at the time of making the offer— (i) that the victim will, in the course of or in connection with the employment or engagement, be asked or expected to perform commercial sexual acts; and (ii) that the continuation of the employment or engagement, or the victim's advancement in the employment or engagement, will be dependent on the victim's preparedness to perform commercial sexual acts; and (c) fails to disclose that information to the victim at the time of offering the employment or engagement, (a) if the victim is a child—imprisonment for 12 years; (b) in any other case—imprisonment for 7 years. 68—Use of children in commercial sexual acts (1) A person must not employ, engage, cause or permit a child to perform, or to continue to perform, commercial sexual acts. (a) if the child is under the age of 14 years—imprisonment for life; (b) in any other case—imprisonment for 15 years. (2) A person must not ask a child to perform commercial sexual acts. (a) if the child is under the age of 14 years—imprisonment for 15 years; (b) in any other case—imprisonment for 12 years. (3) A person must not— (a) have an arrangement with a child who performs commercial sexual acts under which the person receives, on a regular or systematic basis, the proceeds, or a share in the proceeds, of commercial sexual acts performed by the child; or (b) exploit a child by obtaining money knowing it to be the proceeds of commercial sexual acts performed by the child. (a) if the child is under the age of 14 years—imprisonment for 10 years; (b) in any other case—imprisonment for 4 years. (4) In proceedings for an offence against this section, it is not necessary for the prosecution to establish that the defendant knew the victim of the alleged offence to be a child. (5) However, it is a defence to a charge of an offence against this section if it is proved that the defendant believed on reasonable grounds that the victim had attained 18 years of age.