Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 11

Allowing child to take part in prostitution

11. Allowing child to take part in prostitution



(1) A person who owns or occupies any premises or who manages or assists in
the management of any premises must not allow a child to enter or remain on
the premises for the purpose of taking part in an act of prostitution, whether
as the prostitute or as the client or in any other capacity.

Penalty: Level 5 imprisonment (10 years maximum).

(2) An offence against subsection (1) is an indictable offence.

(3) In a proceeding for an offence against subsection (1)-

   (a)  it is not necessary for the prosecution to prove that the accused knew
        that the person concerned was a child; but

   (b)  it is a defence to the charge for the accused to prove that, having
        taken all reasonable steps to find out the age of the person
        concerned, the accused believed on reasonable grounds, at the time the
        offence is alleged to have been committed, that the person concerned
        was aged 18 years or more.

(4) If in a proceeding for an offence against subsection (1) it is proved-

   (a)  that a child was on premises used for the purposes of the operation of
        a brothel and in respect of which a permit is required under the
        Planning and Environment Act 1987 for their use or development for
        those purposes; and

   (b)  that the child was on those premises for the purpose of taking part in
        an act of prostitution-

the accused must be presumed to have allowed the child to enter or remain on
those premises for that purpose unless the accused satisfies the court on the
balance of probabilities that he or she did not know, and could not reasonably
have known, that a child was on those premises for that purpose at the time
the offence is alleged to have been committed.