Obtaining Benefit From Child Prostitution

The offence of Obtaining Benefit from Child Prostitution carries a maximum penalty of 10 years imprisonment or a maximum penalty of 14 years imprisonment if the child is under the age of 14 years old.

What is Obtaining Benefit from Child Prostitution?

The offence of Obtaining Benefit from Child Prostitution is set out in section 91E of the Crimes Act 1900 (NSW) which 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.

Meaning, it is an offence if you receive any material or monetary benefit as a direct or indirect result of child prostitution. 

The following acts constitute Obtaining Benefit from Child Prostitution:

• You allow someone to have sexual intercourse with your child for money.
• Accepting gifts off someone in return for your child engaging in sexual acts with them.

What Must be Proven?

For a person to be found guilty of Obtaining Benefit from Child Prostitution, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you obtained money or a material benefit
• That the money or material benefit obtained 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. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to an Obtaining Benefit from Child Prostitution charge

The following defences may be available for an Obtaining Benefit from Child Prostitution charge:

• That you did not obtain any money or material benefit from an act of child prostitution.
• That you did not know that the benefit was derived directly or indirectly from an act of child prostitution.
• Honest and reasonable mistake of fact as to age.

Common Questions about Obtaining Benefit from Child Prostitution

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for an Obtaining Benefit from Child Prostitution charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an Obtaining Benefit from Child Prostitution charge might jeopardise your job, any future jobs or make it difficult to obtain visas for overseas travel. Offences of this nature may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for an Obtaining Benefit from Child Prostitution charge?

Offences of this nature will likely attract a term of imprisonment if convicted. 

Can the charge be dropped or downgraded? 

Sometimes charges can be withdrawn or downgraded to an offence that carries a lesser maximum penalty through negotiations with the Prosecution, especially if there are weaknesses in the Prosecution’s case or if there are factual disputes about ages and roles. 

What if the person was consenting?  

A child cannot give legal consent in Australia. Consent must be informed, voluntary and revocable. In the circumstance of an Obtaining Benefit from Child Prostitution charge, a person is forced and involuntarily participating in sexual services, therefore no legal consent can be provided.    

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.