Aggravated Sexual Servitude
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Have you been charged with Aggravated Sexual Servitude?
Aggravated Sexual Servitude is a serious criminal offence defined under Section 53E of the Crimes Act 1958. This charge specifically pertains to cases involving individuals under the age of 18 and is considered an aggravating factor due to the vulnerability of minors.
The offence reflects a significant breach of trust and responsibility, as it involves the exploitation of young individuals in a sexual context. Given its severity, Aggravated Sexual Servitude carries a heavier maximum penalty compared to similar offences against adults, underlining the legal system’s commitment to protecting children from sexual exploitation.
What the Prosecution Must Prove:
To establish a case for Aggravated Sexual Servitude, the prosecution must demonstrate the following elements:
- You must have committed an offence against one of the specified sections of the Crimes Act 1958, specifically section 53B(1) (sexual servitude), 53C(1) (sexual exploitation), or 53D(1) (procuring sexual servitude).
- The victim of the offence (referred to as B) must be under the age of 18 years.
- You must have known, or reasonably believed, that the victim was under 18 years of age at the time the offence was committed.
Penalties for aggravated sexual servitude:
The penalties for Aggravated Sexual Servitude are severe, reflecting the serious nature of the offence:
A person convicted of this offence faces a maximum of Level 3 imprisonment, which can result in a custodial sentence of up to 20 years.
Where will my case be heard?
Aggravated Sexual Servitude cases are serious and can ONLY be heard in either the County Court or the Supreme Court of Victoria.
Factors and defences to consider:
- Was the victim 18 years or under?
- Were you aware of the victims age?
- Were you coerced, threatened or under duress when this offence occurred?
- Do you have any mental health or cognitive impairments which could affect your judgement?
- Do you have any previous offences of a similar nature?
- What were the surrounding circumstances of this offence?
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Sexual assault and rape
- Sexual Assault
- Rape or Rape by Compelled Penetration
- Sexual Assault by Compelling Sexual Touching
- Assault with Intent to Commit a Sexual Offence
- Threat to Commit a Sexual Offence
- Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
- Administration of an Intoxicating Substance for a Sexual Purpose
- Abduction or Detention for a Sexual Purpose
- Sexual Activity Directed at Another Person
Offences against children
- Sexual Penetration of a Child Under the Age of 12
- Indecent Act with a Child Under the Age of 16
- Persistent Sexual Abuse of a Child Under the Age of 16
- Grooming for Sexual Conduct with a Child under the Age of 16
- Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
- Causing or Allowing a Sexual Performance Involving a Child
- Inciting or Offering a Sexual Performance Involving a Child
- Facilitating a Sexual Offence Against a Child
- Failure by a Person in Authority to Protect a Child from a Sexual Offence
Children aged 16 or 17 under care, supervision or authority
Child abuse material
Family members
Cognitive impairment or mental illness
Sexual servitude and commercial sexual services
Sex offender registration and related
What happens next?
If you are facing charges of aggravated sexual servitude, it is essential to take immediate action. Start by seeking legal representation from a qualified criminal lawyer experienced in sexual offences, as they will help you understand the specifics of your charges and the potential consequences.
Together, you can gather evidence to support your case and explore available defence options. Your lawyer will guide you through the court process, ensuring you are well-prepared for hearings.
For advice and support, contact MK Law today on 1800 130 120 to schedule a consultation. Our team is committed to protecting your rights and helping you navigate this challenging time with confidence and expertise.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au