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Obtaining benefit from child prostitution

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

In NSW you can be charged with a criminal offence if you receive money or some other benefit as a result of child prostitution where you knew that the benefit came directly or indirectly from child prostitution.

This offence is known as Obtaining Benefit from Child Prostitution.

The maximum penalty for the offence is 10 years imprisonment if the child is between the ages of 14 and 16.

The maximum penalty for the offence is 14 years imprisonment if the child is below the age of 14.

In NSW, a court can impose any of the following penalties for an offensive conduct charge.


THE OFFENCE OF OBTAINING BENEFIT FROM CHILD PROSTITUTION:

The offence of Obtaining Benefit from Child Prostitution is contained in section 91E of the Crimes Act 1900 and states:

Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.

WHAT ACTIONS MIGHT CONSTITIUTE OBTAINING BENEFIT FROM CHILD PROSTITUTION?

Examples of Obtaining Benefit from Child Prostitution include:

  • Letting your partner take your daughter to his drug dealers house on the condition he gives you methamphetamine;
  • Accepting money/goods/services from your neighbour who doesn’t have a job and makes child pornography instead; or
  • Allowing men to have intercourse with your foster child for money/goods/services.

WHAT THE POLICE MUST PROVE:

To convict you of Obtaining Benefit from Child Prostitution the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you obtained money or a material benefit;
  • That the money or material benefit was derived from an act of child prostitution; and
  • That you knew the benefit was derived directly or indirectly from an act of child prostitution.

POSSIBLE DEFENCES FOR OBTAINING BENEFIT FROM CHILD PROSTITUTION

The common ways to defend this charge are:

  • To maintain your innocence if you did not commit the act;
  • To argue that you did not obtain money or a material benefit;
  • To argue that the money or material benefit was not derived from an act of child prostitution
  • To argue that you did not know the benefit was derived directly or indirectly from an act of child prostitution; or
  • To raise necessity or duress as the reason for your conduct.

WHICH COURT WILL HEAR YOUR MATTER?

The charge is strictly indictable which means that the matter will be finalised the District Court or Supreme Court.


Types of penalties:

Jail: This is the most serious penalty for obtaining benefit from child prostitution and involves full time detention in a correctional facility. Read more.

Home Detention: Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended Sentence: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community Service Order (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good Behaviour Bond: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Fines: When deciding the amount of a fine for obtaining benefit from child prostitution the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10:Avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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