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Prostitution is not illegal in the ACT but it is highly regulated and many associated activities are illegal. These include procuring someone to be a prostitute and soliciting in public places. As the offence of procuring for prostitution carries a maximum prison sentence of more than 5 years, you could elect to have the matter finalised in the ACT Supreme Court or you could consent to the jurisdiction of the ACT Magistrates Court, where a maximum prison sentence of only two years could be applied.
The Prostitution Act , at Section 19, provides for brothels in certain locations and bans soliciting in public places with a maximum penalty of a fine of 20 Penalty Units.
To convict you of soliciting, the prosecution must prove each of the following matters beyond a reasonable doubt:. It is a defence to a prosecution in relation to a young person if it is established that the defendant:. As the offence in relation to an adult carries only a fine as penalty, soliciting is a summary-only matter, meaning that it will be dealt with in the ACT Magistrates Court. If the prosecution does not exercise its election, you can choose to have the matter go to the Supreme Court, where it would be heard in front of a jury, or you can consent to the jurisdiction of the Magistrates Court.
It is an offence to cause, permit, offer or procure a child to provide commercial sexual services. To be convicted of causing a child to provide commercial sexual services, the prosecution must prove, beyond a reasonable doubt, that the person involved was a child; and that you:. Possible defences to a charge of procuring a child to prostitution include but are not limited to:. To be convicted of making proceeds from child prostitution, the prosecution must prove, beyond a reasonable doubt:.
Possible defences to an obtain benefit from child prostitution charge include but are not limited to:. As the maximum penalty is imprisonment for seven years, you can elect to have the matter remain in the Magistrates Court, where the maximum that can be imposed is two years.