Under Section 19 and 19A of the Summary Offences Act 1988, a person who, in a public place, or within viewing or hearing distance of somebody in a public place, solicits or accosts another person for the purpose of prostitution, is guilty of an offence.
This also applies if a person is loitering in a public place for the purpose of prostitution. A person found guilty of this offence is liable to imprisonment for 3 months, 6 penalty units, or both.
A person shall not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person.
A person found guilty of this offence is liable to imprisonment for 3 months, 8 penalty units, or both.These penalties apply to both a prostitute soliciting a client, as well as for a client soliciting an active prostitute.
In NSW, a court has the power to impose a range of penalties for a prostitution charge. These include under section 10 procuring for prostitution proven but dismissed, a fine, a suspended sentence, a good behaviour bond, an intensive correction order a community service order (CSO), a prison sentence and home detention.
To convict a person for prostitution, the police have to be able to prove beyond any reasonable doubt that you procured, enticed or led away another individual who is not a prostitute and your intention was for prostitution. They must also prove that it was you who actually committed the offence of procuring for prostitution.
As with all offences in NSW there are strict criteria for dealing with law breakers. Prostitution is treated no differently than anything else. However, an accusation or even a charge can be contested if the defendant really thinks that he or she did not commit the crime in question.
It is only through hiring an experienced lawyer who understands how prostitution is handled in the courts in NSW will there be any chance of getting a charge quashed or a penalty reduced.
A lawyer can pick out any ambiguity in the prosecutions evidence and will be quick to dispute if it is found that there is any doubt that the person accused actually committed any offence.