South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 66

66—Sexual servitude and related offences

        (1)         A person who compels another to perform or to continue to perform commercial sexual acts is guilty of the offence of inflicting sexual servitude.

Maximum penalty:

            (a)         if the victim is a child under the age of 14 years—imprisonment for life;

            (b)         if the victim is a child under the age of 18 years—imprisonment for 19 years;

            (c)         in any other case—imprisonment for 15 years.

        (2)         A person who, by undue influence, gets another to perform, or to continue to perform, commercial sexual acts is guilty of an offence.

Maximum penalty:

            (a)         if the victim is a child under the age of 14 years—imprisonment for life;

            (b)         if the victim is a child under the age of 18 years—imprisonment for 12 years;

            (c)         in any other case—imprisonment for 7 years.

        (3)         A person charged with an offence against subsection (1) (the "aggravated offence") may be convicted, on that charge, of an offence against subsection (2) (the "lesser offence") if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that the lesser offence has been so established.

        (4)         The question whether, in a particular case, a defendant's conduct amounts to compulsion or undue influence (or neither) is one of fact to be determined according to the circumstances of the particular case.

        (5)         Evidence of the following or any combination of the following may be relevant to that question—

            (a)         fraud, misrepresentation or suppression of information;

            (b)         force or a threat of force;

            (c)         any other threat (including a threat to take action that may result in the victim's deportation or a threat to take other lawful action);

            (d)         restrictions on freedom of movement;

            (e)         supply, or withdrawal of supply, of an illicit drug;

            (f)         abuse of a position of guardianship or trust;

            (g)         any other form of unreasonable or unfair pressure.



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