Have you been charged with Deceptive Recruiting for Commercial Sexual Services?
Please be aware this section has now been repealed and the correct and current law exists under section s53F of the Crimes Act 1958.
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is 60AD of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
There are a number of things to consider if you have been charged with this offence, of particular importance will the date of offending. Other important questions are;
Can the prosecution make out their case? Did you try to trick another person into agreeing to provide commercial sexual services? Did you act alone?
The level of deception involved in the offence is crucial to determining how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 60AD of the Crimes Act 1958.
The prosecution must prove:
The defendant sought to induce another person to enter into an engagement to provide commercial sexual services;
The defendant deceived the other person about that the fact that the engagement would involve the provision of commercial sexual services.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Deceptive Recruiting for Commercial Sexual Services cases will usually be heard in the Magistrates’ Court of Victoria depending on the level of seriousness.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently.
Ensure that you don’t leave preparation of your matter to the last minute. Adequate time to prepare is critical to the success of any case.
If you have been charged with Deceptive Recruiting for Commercial Sexual Services make an appointment to see one of experienced lawyers today.
The legislation
60AD Deceptive recruiting for commercial sexual services
A person who, intending to induce another person to enter into an engagement to provide commercial sexual services, deceives that other person about the fact that the engagement will involve the provision of commercial sexual services is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
- In subsection (1), commercial sexual services has the same meaning as in section 60AB.
