What is Soliciting Prostitution ?

In NSW, Procuring a Person for Prostitution is an offence. Prostitution includes acts between persons of different sexes or of the same sex, and includes:

  • sexual intercourse as defined in section 61H of the Crimes Act 1900, and
  • masturbation committed by one person on another.

JURISDICTION
An offence of Soliciting Prostitution is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

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 Law

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.

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    If you are charged with the offence of Soliciting Prostitution what are your options?

    National Criminal Lawyers have been successful in defending a number of Soliciting Prostitution  charges where the prosecution could not establish each of the elements of Soliciting Prostitution

    NCL offer the following options for those who have been charged with Soliciting Prostitution ;

    1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
    2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
    3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
    4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

    Fequently Asked Questions

    Why National Criminal Lawyers?

    There are three reasons to choose National Criminal Lawyers:

    1. We get the results

    We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

    2. We give a Senior Defence Lawyer guarantee

    No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

    3. National Criminal Lawyers are the best defenders of your rights

    At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

    If you have been charged with any Soliciting Prostitution  offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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