Deceptive Recruiting for Commercial Sexual Services
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Have you been charged with Deceptive Recruiting for Commercial Sexual Services?
If you have been charged with Deceptive Recruiting for Commercial Sexual Services under Section 53F of the Crimes Act 1958, it is crucial to understand the implications of this serious charge.
This offence involves intentionally deceiving another person regarding their engagement in commercial sexual services, which can lead to significant legal repercussions, including a maximum penalty of 5 years’ imprisonment.
What must Prosecution Must Prove:
To secure a conviction for this offence, the prosecution must prove two key elements:
- The defendant (A) must have deceived another person (B) about the nature of the engagement, specifically that it would involve providing commercial sexual services.
- ‘A’ must have intended to induce person B to enter into an engagement for the provision of commercial sexual services.
What is sexual servitude?
Sexual servitude refers to a form of human trafficking where an individual is compelled to engage in sexual acts against their will, often under coercion, threats, or manipulation.
It typically involves a situation where the person is exploited through various means, such as:
- Deception: Victims may be lured with false promises of legitimate employment, such as in modelling or hospitality.
- Coercion: Individuals might be forced into sexual acts through physical violence, threats to their safety, or threats against their family.
- Debt Bondage: Victims may be trapped in a cycle of debt, where they are required to pay off an unreasonably large debt to their traffickers, making it difficult or impossible for them to escape.
- Isolation: Traffickers often isolate victims from their families and communities, limiting their ability to seek help or escape.
Penalties for deceptive recruiting for commercial sexual services:
The offence carries a maximum penalty of level 6 imprisonment, which means up to 5 years in prison. The seriousness of the charge may vary depending on the circumstances surrounding the case.
Where will My Case Be Heard?
Cases of Deceptive Recruiting for Commercial Sexual Services are typically heard in the Magistrates’ Court of Victoria. The court’s determination of the case will depend on the specific facts and the seriousness of the alleged offence.
Factors and Defences to Consider:
- Did you intend to induce another person to provide commercial sexual services by deceiving them?
- Did you trick another person into agreeing to provide commercial sexual services?
- What were the surrounding circumstances of this offence?
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If you have been charged with this offence, it is critical to seek immediate legal advice from a specialist criminal lawyer at MK Law. Discussing the answers to the above questions with a qualified professional can provide clarity on your situation and help in preparing your case.
Preparation is essential for a successful outcome; therefore, ensure that you have competent legal representation to guide you through this complex process. Arrange an appointment with one of our experienced sex offence criminal lawyers to discuss your case in detail and strategies for the best course of action. Call 1800 130 120.
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