Content Warning: This article on sexual servitude in NSW contains discussion of topics that are not appropriate for children.
The Crimes Act 1900 (NSW) provides the meaning of sexual servitude and lists certain sexual servitude offences. The following Sections are relevant to the topic of sexual servitude offences in NSW:
Section 80B: Meaning of Sexual Servitude
Section 80B of Crimes Act 1900 states that, for the purposes of Division 10A, sexual servitude refers to the condition of a person who provides sexual services, and who, because of the use of threats or force:
- is not free to cease providing sexual services; or
- is not free to leave the place or area where the person provides sexual services.
Moreover, subsection (2) states that “sexual service” is the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others. What does “threat” entail? Threat means:
- a threat of force, or
- a threat to cause a person’s deportation, or
- a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person
Section 80C: Meaning of “Circumstances of Aggravation”
This Section related to sexual servitude provides the meaning of “circumstances of aggravation.” It states that circumstances of aggravation include circumstances where:
- the alleged victim is under 18 years of age;
- the alleged victim has a cognitive impairment (within the meaning of Division 10)
Section 80D: Causing Sexual Servitude
Subsection (1) of Section 80D states that a person:
- who causes another person to enter into or remain in a sexual servitude, and
- who intends to cause, or is reckless as to causing that sexual servitude,
is guilty of an offence. The maximum penalty for this offence is imprisonment for 15 years.
Moreover, subsection (2) states that a person is guilty of an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. The maximum penalty for this offence is imprisonment for 20 years.
Section 80E: Conduct of Business Involving Sexual Servitude
According to subsection (1) of s80E a person who:
- conducts any business that involves the sexual servitude of other persons, and
- who knows about, or is reckless as to, that sexual servitude,
is guilty of an offence. The maximum penalty for this offence is imprisonment for 15 years.
Secondly, a person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. The maximum penalty for this offence is imprisonment for 19 years.
Lastly, for the purposes of this section, “conducting a business” includes:
- taking any part in the management of the business, or
- exercising control or direction over the business, or
- providing finance for the business.
Section 80F: Alternative Verdicts
For this Section, assume that the trial of a person charged for an offence under Section 80D or 80E in the circumstances of aggravation is ongoing. However, the jury does not think that the accused is guilty of the offence in the circumstance of aggravation. But, the jury does think that the offender is guilty of the offence of either causing another person to remain in sexual servitude or conducting a business involving sexual servitude. In this case, the offender will be liable for punishment accordingly.
Examples of What Constitutes Sexual Servitude Offences in NSW
These offences involve various forms of forced or coerced sexual exploitation and trafficking of individuals for commercial purposes. It’s important to note that this area of law can be complex, and the definitions and penalties can vary depending on specific circumstances and legislative changes.
As we have explored, under the Crimes Act 1900, sexual servitude involves holding someone in slavery or servitude and using them for sexual exploitation. This may include situations where a person is coerced, deceived, or forced into providing sexual services against their will.
Another serious related offence is that of human trafficking. This involves the recruitment, transportation, or harbouring of individuals through force, coercion, or deception for the purpose of sexual exploitation or other forms of forced labour. Traffickers often use threats, violence, or other means to control their victims.
Moreover, sexual slavery involves the keeping or control of a person with the intention of sexually exploiting them, akin to modern-day slavery for sexual purposes.
Another related example is that of procuring for sexual servitude. This offence pertains to recruiting or facilitating individuals to engage in sexual servitude, which includes acts such as luring, deceiving, or coercing people into such situations.
Moreover, individuals who knowingly receive the sexual services of someone held in servitude, slavery, or through human trafficking can be charged with offences related to benefiting from sexual servitude.

Seeking Advice from Criminal Lawyers NSW
Sexual servitude offences are serious in nature. Lawyers are committed towards fighting against such injustices so as to maintain security in our society. Our team of criminal defence lawyers at JB Solicitors can help you with any legal matter.
To tackle such serious matters, it is necessary to speak with experts. If you have any enquiries, contact our team of lawyers today.