This article will highlight sections for slavery and slavery-like offences under the Crimes Act 1900. Modern slavery encompasses a range of exploitative practices that deny individuals their fundamental human rights. It’s not just about physical confinement; it can involve:
- Human trafficking: The illegal movement of people for the purpose of exploitation, including forced labour, sexual exploitation, and organ harvesting.
- Slavery: Absolute ownership of another person, often involving forced labour and severe physical and emotional abuse.
- Servitude: A state of forced dependency on another person, where basic freedoms are restricted in exchange for accommodation or basic necessities.
- Forced labour: If someone compels another to work against their will, often under threat of violence or other forms of coercion.
- Debt bondage: If one is trapped in a a cycle of debt that they cannot repay, leading them to forced labour to pay it off.
- Forced marriage: Marrying someone against their will, often for financial gain or social control.
Let’s now discuss slavery and slavery like offences under the Crimes Act 1900.
Section 93AA: Definitions Under Slavery and Slavery-Like Offences
Here are relevant definitions under Section 93AA:
1. Coercion:
Coercion can involve any of the following methods to manipulate or control someone:
- Force: Using physical violence or restraint.
- Duress: Threatening harm or negative consequences.
- Detention: Keeping someone against their will or restricting their freedom.
- Psychological oppression: Using mental manipulation or emotional abuse to control someone.
- Abuse of power: Misusing authority or influence to force someone to do something.
- Taking advantage of vulnerability: Exploiting someone’s weaknesses or circumstances to control them.
2. Deceive:
What does deceive mean under section 93AA of slavery and slavery-Like offences. Deceive means to mislead someone about a fact, someone’s intention, or the law, either through words or actions.
3. Threat:
A threat means:
- Promising to use force against someone.
- Threatening to ask authorities to deport someone.
- Threatening any other harmful action, unless there’s a real reason for making this threat in connection with their work or services.
Section 93AB: Slavery, Servitude, and Child Forced Labour
Section 93AB of slavery and slavery-like offences makes it a crime in New South Wales to:
- Hold someone in slavery or servitude: This means controlling someone completely and forcing them to work or provide services, often under the threat of violence or other harm. You can be charged with this crime if you know or should know that someone is being held in this way.
- Force a child to work: This includes any situation where a child is required to work against their will, often under the threat of punishment or control. Again, you can be charged if you know or should know that this is happening.
This section does not apply to:
- Children required to do work by court order: For example, children in detention or on probation.
- Work during emergencies: If there’s a threat to the community, forcing people to work temporarily to help resolve the situation is acceptable.
- Normal obligations: This includes things like schoolwork or chores at home.
Determining if someone is being exploited under Section 93AB of slavery and slavery-like offences:
When deciding if someone is being held in slavery, servitude, or forced labour, the court will consider all the circumstances. This includes:
- The person’s vulnerability: Are they a child, elderly, or have any disabilities that make them easier to exploit?
- The type of work they are doing: Is it dangerous, excessive, or done under unfair conditions?
- Whether they were forced, threatened, or deceived: Was the person pressured into working against their will or tricked into thinking they had no choice?
- Whether they were forced to sell their organs or tissues: This is a specific form of exploitation covered by this law.
Even if someone agrees to be held in slavery, servitude, or forced labour, it’s still a crime. Their consent is not valid in these situations. This section uses the same definitions for “slavery” and “servitude” as the Commonwealth Criminal Code.
Section 93AC: Child Forced Marriage
Section 93AC of slavery and slavery-like offences discusses the following:
Child Forced Marriage:
This section of the law protects children under 18 from being forced into marriage. It applies to all marriages, even those not recognised under New South Wales law or marriages that are considered invalid. A child enters a forced marriage if:
1. They did not freely agree to the marriage, either because of:
- Coercion: pressure, intimidation, or threats.
- Deception: being misled about the nature or consequences of the marriage.
- Lack of understanding: being too young to understand what they are agreeing to.
2. They are under 16 years old at the time of the marriage.
Who Can Be Charged With a Crime?
Anyone who:
- Makes a child enter a forced marriage: This includes pressuring, threatening, or deceiving the child or arranging the marriage against their will.
- Knows a marriage is forced and still marries the child: This applies to adults who knowingly marry a child in a forced marriage situation, even if they are not the ones forcing the child.
Penalties:
- Forcing a child into a marriage or attempting to do so carries a maximum penalty of 9 years imprisonment.
- Marrying a child knowing it’s a forced marriage also carries a maximum penalty of 9 years imprisonment.
Raising Awareness and Taking Action About Modern Slavery
While there is significant progress, the fight against modern slavery is far from over. We all have a role to play in raising awareness, identifying potential victims, and supporting organisations working to eradicate this injustice. Here’s what you can do:
- Educate yourself: Learn about the different forms of modern slavery and how to spot the signs.
- Support ethical businesses: Choose companies that prioritise ethical sourcing and transparency in their supply chains.
- Report suspicious activity: If you suspect someone is facing exploitation, contact the authorities or relevant support organisations.
- Get involved: Support organisations working to combat modern slavery and advocate for stronger legislation and enforcement.
How Can We Help With Slavery and Slavery-Like Offences?
Modern slavery is a complex and sensitive crime, requiring expert legal guidance to navigate its intricacies. If you are facing charges or are a victim of modern slavery, JB Solicitors‘ experienced criminal lawyers can provide invaluable assistance throughout the process. We can help victims of modern slavery by:
- Understanding your rights and options: JB Solicitors will explain the legal landscape of modern slavery, ensuring you understand your rights as a victim and the potential avenues for seeking justice.
- Reporting and investigation: We can assist you in reporting the offence to authorities and guide you through the investigation process, ensuring that we prioritise your safety and well-being.
- Access to support services: JB Solicitors can connect you with relevant support services, including medical, psychological, and legal aid, to help you recover and rebuild your life.
- Seeking compensation: They can explore legal options for compensation for the physical, emotional, and financial harm you have suffered due to the crime.
- Advocacy and representation: JB Solicitors can represent you in court proceedings. We will ensure the protection of your rights throughout the legal process.
Contact us today if you need more help with slavery and slavery-like offences.
