Aggravated Sexual Servitude

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:

1. 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).
2. The victim of the offence (referred to as B) must be under the age of 18 years.
3. 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?

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• 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
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• 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
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

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 expert guidance and support, contact MK Law today on 1800 130 120 to schedule a consultation. Our dedicated team is committed to protecting your rights and helping you navigate this challenging time with confidence and expertise.