The term ‘cybersex trafficking’ is a relatively new term and offence. Technological advancements have given rise to a number of new types of criminal offences. The offence of cybersex trafficking is a prime example of this. In fact, the first individual to be charged with this offence in New South Wales was prosecuted in March 2017.
The offence of cybersex trafficking involves a pedophile in Australia instructing a pedophile in another country, usually a third world country to sexually assault a child. This assault is filmed and streamed live to the pedophile in Australia who will instruct the pedophile physically commissioning the assault on what exactly to do. Essentially, cybersex trafficking is the live streaming of sexual abuse of children. This will usually involve some sort of payment for the footage to be streamed.
This offence is unique in that the person being charged is not the person who has physically commissioned the offence, but the one who has instructed another to do so.
If you have been accused of cybersex trafficking or think that you may be accused of this offence, then you should contact George Sten & Co Criminal Lawyers now. Our team will assist you in understanding and building a high quality defence for your case. Call now on (02) 9261 8540 or email us on [email protected]. If you require urgent legal advice outside of ordinary business hours, then call now on 0412 423 569 and one of our dedicated team members will assist you.
This particular instance of cybersex trafficking involved a Sydney man instructing and watching another pedophile sexually assault children in the Philippines. The accused had paid for live stream footage of the assaults. He also recorded the assaults and watched them repeatedly afterward.
In this case, the defendant claimed that he believed the children being raped were happy and had financially benefited from the arrangement, however upon realising that his actions were wrong, he turned himself in to the police. He was charged with 20 counts of causing a child to have sexual intercourse. After pleading guilty to these charges, he became the first person to be prosecuted for this type of crime in New South Wales.
While there is no legislation that was directly implemented to combat cybersex trafficking, the offence is caught out by pre-existing Commonwealth legislation. The notion of ‘cybersex trafficking’ is relatively new however, the law that applies to this type of offence, has been in existence for quite some time.
Cybersex trafficking offences fall under the Criminal Code 1995 (Cth).
Section 272.8(2) of the Code relates the offence involving sexual intercourse and states the following:
A person commits an offence if:
Section 272.9(2) also establishes an offence relating to causing a child to engage in sexual activity, other than sexual intercourse in the presence of the defendant outside of Australia. The offence is as follows:
A person commits an offence if:
Cybersex trafficking is a serious criminal offence and this is reflected in the severity of the penalties that you may face if you are charged. If you are found guilty of a causing a child to engage in sexual intercourse in your presence outside of Australia, then you may be liable for up to 20 years imprisonment. If you are found guilty of a causing a child to engage in sexual activity, other than sexual intercourse in your presence outside of Australia, then you may be liable for up to 15 years imprisonment. It is important to bear in mind that each of these terms of imprisonment can be handed down for each offence you commit. This means that if you have committed the offence on several occasions and you are being charged with several counts of the offence, the term of imprisonment is multiplied by the number of counts you are charged with.
The possible penalties for being found guilty of a cybersex trafficking offence are steep and include lengthy terms of imprisonment. Imprisonment can be detrimental on every aspect of your life so it is extremely important that you have an expert criminal defence lawyer on your side to defend your case. By engaging one of our highly experienced and knowledgeable lawyers, you will be giving yourself the best chance of having a successful outcome to your case. It may even mean the difference between spending your life in prison and living freely. The lawyers at George Sten & Co Criminal Lawyers are well equipped to deal with cybersex trafficking offences. For accurate and trustworthy legal advice, contact George Sten & Co Criminal Lawyers on (02) 9261 8540 or email us on [email protected]. We also have a 24 hour emergency legal advice line, so if your matter is urgent in nature and occurs after regular business hours or on the weekend, then do not hesitate and call us now on 0412 423 569.