Trafficking in persons – entry into Australia with deception as to arrangement for sexual services is an offence under section 271.2(2B) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You organised or facilitated the entry into, or proposed entry into, or receipt of another person into Australia
- There was an arrangement between you and the other person to the effect that the other person would provide sexual services in Australia, and
- You deceived the other person as to:
(a) The nature of the sexual services to be provided
(b) The extent to which the other person would be free to leave:
(I) the place or area where he or she was to provide sexual services, or
(II) his or her place of residence, or
(c) the existence or quantum of any debt, or claimed debt, owed by the other person
You ‘deceived’ the other person if you misled them as to a fact, including as to the intention of any person, or as to the law.
A deception can be by words or conduct.
Defences to the charge include:
- Duress
- Self-defence, and
- Necessity.