Obtaining Benefit From Child Prostitution

In NSW you can be charged with a criminal offence if you receive money or some other benefit as a result of child prostitution where you knew that the benefit came directly or indirectly from child prostitution.

This offence is known as Obtaining Benefit from Child Prostitution.

The maximum penalty for the offence is 10 years imprisonment if the child is between the ages of 14 and 16.

The maximum penalty for the offence is 14 years imprisonment if the child is below the age of 14.

The Offence of Obtaining Benefit from Child Prostitution

The offence of Obtaining Benefit from Child Prostitution is contained in section 91E of the Crimes Act 1900 and states:

Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.

What Actions Might Constitute Obtaining Benefit from Child Prostitution?

Examples of Obtaining Benefit from Child Prostitution include:

Letting your partner take your daughter to his drug dealers house on the condition he gives you methamphetamine;
Accepting money/goods/services from your neighbour who doesn’t have a job and makes child pornography instead; or
Allowing men to have intercourse with your foster child for money/goods/services.

What the Police Must Prove

To convict you of Obtaining Benefit from Child Prostitution the prosecution must prove each of the following matters beyond a reasonable doubt:

That you obtained money or a material benefit;
That the money or material benefit was derived from an act of child prostitution; and
That you knew the benefit was derived directly or indirectly from an act of child prostitution.

Defences

The common ways to defend this charge are:

To argue that you did not obtain money or a material benefit;
To argue that the money or material benefit was not derived from an act of child prostitution
To argue that you did not know the benefit was derived directly or indirectly from an act of child prostitution; or
To argue that the child was not aged under 16.