s60AB Sexual Servitude (Repealed 1 July 2017)

Have you been charged with Sexual Servitude?

Please be aware this section has now been repealed and the correct and current law exists under section 53B of the Crimes Act 1958

The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.

This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s60AB of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.

There are a number of things to consider if you have been charged with this offence, especially since Section 60AB of the Crimes Act 1958 contains three separate offences

Did you cause another person to provide commercial sexual services, through the use of force, threat, detention, fraud or debt? Did you realize the other person was not free to stop providing these services because of your actions? Did you conduct a business providing the person’s sexual services?

This serious charge carries a maximum penalty of 15 years imprisonment. This fact, coupled with the complexity of the legislation, means that you should consult an expert in criminal law to prepare a thorough defence for you.

Please read below for more information in relation to this charge.

The offence

Section 60AB of the Crimes Act 1958.

To establish an offence under Section 60AB(2) of the Crimes Act 1958 the prosecution must prove:

1. The defendant, through the use of:

   1. force;

   2. a threat;

   3. unlawful detention;

   4. fraud or misrepresentation, including by omission; or

   5. a manifestly excessive debt

caused another person to provide, or continue to provide commercial sexual services.

To establish an offence under Section 60AB(3) of the Crimes Act 1958 the prosecution must prove:

1. the defendant caused or induced another person to provide commercial sexual services; and

2. the defendant knew, or was reckless as to whether the other person providing those services was not free to stop providing those services because of the use of:

   1. force;

   2. a threat;

   3. unlawful detention;

   4. fraud or misrepresentation, including by omission; or

   5. a manifestly excessive debt.

To establish an offence under Section 60AB(4) of the Crimes Act 1958 the prosecution must prove:

1. the defendant conducted a business that involved the provision of commercial sexual services; and

2. the defendant knew, or was reckless as to whether the persons providing those services were not free to stop providing those services because of the use of:

   1. force;

   2. a threat;

   3. unlawful detention;

   4. fraud or misrepresentation, including by omission; or

   5. a manifestly excessive debt.

The maximum penalty

Level 4 imprisonment being a maximum of 15 years.

Where will my case be heard?

Sexual Servitude cases can only be heard in the County Court or Supreme Court of Victoria.

Questions to consider

Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

See an experienced criminal lawyer urgently. Ensure you are adequately prepared, as preparation in relation to any matter is critical. Don’t leave it to the last minute.

If you have been charged with Sexual Servitude make an appointment to see one of our experienced lawyers today.

The legislation

60AB Sexual servitude

(1) In this section—

commercial sexual services means services for commercial benefit involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others;

threat means—

(a) threat of force; or

(b) threat to cause a person’s deportation; or

(c) threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of commercial sexual services.

(2) A person who, by the use of—

(a) force; or

(b) a threat; or

(c) unlawful detention; or

(d) fraud or misrepresentation, including by omission; or

(e) a manifestly excessive debt—

causes another person to provide, or to continue providing, commercial sexual services is guilty of an offence and liable to level 4 imprisonment (15 years maximum).

(3) A person who—

(a) causes or induces another person to provide commercial sexual services; and

(b) knows that, or is reckless as to whether, the other person providing those services will not be free to stop providing those services because of the use of—

(i) force; or

(ii) a threat; or

(iii) unlawful detention; or

(iv) fraud or misrepresentation, including by omission; or

(v) a manifestly excessive debt—

is guilty of an offence and liable to level 4 imprisonment (15 years maximum).

(4) A person who—

(a) conducts a business that involves the provision of commercial sexual services; and

(b) knows that, or is reckless as to whether, the persons providing those services are not free to stop providing those services because of the use of—

(i) force; or

(ii) a threat; or

(iii) unlawful detention; or

(iv) fraud or misrepresentation, including by omission; or

(v) a manifestly excessive debt—

is guilty of an offence and liable to level 4 imprisonment (15 years maximum).

(5) For the purposes of subsection (4), conducting a business includes—

(a) taking any part in the management of the business; or

(b) exercising control or direction over the business; or

(c) providing finance for the business.