Procuring a Sexual Act by Fraud

It is a criminal offence to Procure a Sexual Act by Fraud. This law can be found in section 45 of the Crimes Act 1958. It is an offence for a person to lead someone to take part in a sexual act with them, or with another person, by making false or misleading representations. The representations can be actions or words.

The Prosecution has to prove the following beyond reasonable doubt:

The person made a false or misleading representation; and

They know that –

  • The representation is false or misleading; or
  • The representation is probably false or misleading; and

As a result of their representation, another person takes part (whether at the time the representation is made or at a later time) in a sexual act with the person who made the representation or another person; and

The person that made the representation intends that, as a result of their representation, an outcome mentioned above (a ‘sexual act’) will occur.

For the purposes of this offence, a ‘misleading representation’ may be made by words or conduct (including by omission) and maybe explicit or implicit.

This offending can involve conduct where it is alleged the accused person misled the complainant, for example that the accused made a false or misleading statement that resulted in the complainant consenting to something that the complainant would not otherwise have consented to.

An example of the criminal offence Procuring a Sexual Act by Fraud:

  • A false representation in the context of providing sexual services, such are prostitution without paying.
  • A false representation, a promise, that is made by someone pretending to be extremely wealthy to give a person a gift if they have sex with the ‘extremely wealthy person’. The person has sex with the ‘extremely wealthy person’, however does not receive the gift because the ‘extremely wealthy person’ was actually a ‘very poor person’ and never had the financial capacity to give the person the gift. The alleged ‘extremely wealthy person’ committed a fraud for the sexual act and had no intention of gifting anything.

The punishment for the crime of Procuring a Sexual Act by Fraud is a maximum penalty of 5 years imprisonment.

If you are being investigated for, or have been charged with, the charge of Procuring a Sexual Act by Fraud, call Elizabeth McKinnon immediately.

She is a highly experienced criminal law specialist who specialises in sex offences.

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