Contributor

Suzan Gencay

Lawyer

Criminal sex work offences

Sex work at or near certain places

It is an offence to solicit, or loiter to solicit or invite any person to engage in sex work in a public place that is near a school, educational institution, care service, or children’s service. For a first offence, the penalty is a fine of up to 10 pu or imprisonment for up to one month.

A person must not intentionally solicit, or loiter to solicit or invite any person to engage in sex work in a public place that is at or near a place of worship between 6am and 7pm or on any prescribed day. For a first offence, the penalty is a fine of up to 10 pu, or imprisonment for up to one month (s 38B Summary Offences Act 1966 (Vic)).

The terms ‘solicit’  and ‘loiter’ in relation to sex work offences; mean:

•        solicit: to offer your sexual services or someone else’s sexual services;

•        loiter: to stand, wait or walk slowly with no obvious purpose.

Unlicensed brothels

It is an offence to enter, be in, or leave an unlicensed brothel without a reasonable excuse. The penalty for a first offence is up to 10 pu or imprisonment for one month. There are harsher penalties for second and subsequent offences. See section 15 of the Sex Work Act 1994 (Vic) for more information.

Living on the earnings of unlicensed sex work

A person must not knowingly live wholly or in part on, or derive a material benefit from, the earnings of sex work. The maximum penalty for this offence is five years imprisonment (s 10 Sex Work Act 1994 (Vic)).

Offensive behaviour towards sex workers

A person must not be in or near a public place with the intention of:

  • intimidating, insulting or harassing a sex worker;
  • behaving in an indecent, offensive or insulting manner towards a sex worker; or
  • using threatening, abusive or insulting words towards a sex worker.

The penalty for this offence is up to 30 pu or imprisonment for up to three months (s 16 Sex Work Act 1994 (Vic)).

Offences involving children

Causing or inducing a child to take part in sex work is a serious offence punishable by up to 10 years’ imprisonment (s 5 Sex Work Act 1994 (Vic) (‘SW Act‘)).

Obtaining payment for sexual services provided by a child is a serious offence punishable by up to 15 years’ imprisonment (s 6 SW Act).

A person must not enter or offer to enter into an agreement under which a child is to provide sexual services in return for payment or in exchange for drugs. This is a serious office punishable by up to 15 years’ imprisonment (s 7 SW Act).

A person who owns or occupies or assists in the management of any premises must not allow a child to enter or remain on the premises for the purpose of taking part in sex work – as the client, sex worker, or in any other capacity. This is a serious offence punishable by up to 10 years’ imprisonment (s 11 SW Act).

For these offences, it is not necessary for the prosecution to prove that the accused knew that the person who was to provide sexual services was a child.

However, if the person concerned was aged 16 or more at the time the offence is alleged to have been committed, it is a defence if the accused had taken all reasonable steps to find out the age of the person concerned, and the accused believed on reasonable grounds that the person concerned was aged 18 or more.

A person who carries on or assists in the management of a brothel must not allow a child over the age of 18 months to enter or remain on the premises. This offence is punishable by up to one year imprisonment or a fine of up to 120 pu. It is a defence if the accused took all reasonable steps to find out the age of the person and believed on reasonable grounds that the person concerned was aged 18 years or more or under 18 months (s 11A SW Act).

Forced sex work

A person must not induce an adult to engage, or continue to engage, in sex work or to provide or continue to provide him or her with a payment or payments derived from sex work by:

  • assaulting or threatening to assault the person or any other person; or
  • intimidating the person or any other person; or
  • supplying or offering to supply a drug of dependence to the person or any other person; or
  • making a false representation or using any false pretence or other fraudulent means.

Forcing someone to engage in sex work and forcing someone to hand over the proceeds of sex work are two serious offences punishable by up to 10 years’ imprisonment each (ss 8–9 Sex Work Act 1994 (Vic)).

A sign relating to sexual slavery must be displayed at every brothel. Schedule 1 of the SW Regulations dictates the specific wording of this sign. Under the SW Act, not displaying this sign is an offence that attracts a penalty of up to 10 pu (s 60A Sex Work Act 1994 (Vic); rr 13, 14 Sex Work Regulations 2016 (Vic)).

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