South Australian Current Acts South Australian Current Acts66—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.