What must the prosecution prove?
Since Soliciting Prostitution offence is a criminal offence, the burden of proof lies on the Prosecution.
As one of the best Sexual Assault Lawyers Sydney has to offer we always ensure the prosecution must prove each of the elements in the charge beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Soliciting Prostitution .
To establish Soliciting Prostitution, the prosecution must prove each of the following matters beyond reasonable doubt;
- That you procured, enticed or led away the victim; and
- The victim was not a prostitute; and
- That procurement was for the purposes of prostitution
The offence of Procuring a Person for Prostitution is contained in section 91A of the Crimes Act 1900 (NSW) which states:
Whosoever procures, entices or leads away any person (not being a prostitute), whether with that person’s consent or not for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for seven years.