The criminal laws in Western Australia formally esccorts most prostitution related activities, for example soliciting sex in public. However, like the laws in many common law jurisdictions, the act of prostitution in itself is not an offence. Section 8 of the Prostitution Act states that it is an "offence for a person to engage in an act of prostitution without using a prophylactic that ksrratha appropriate for preventing the transmission of bodily fluid from one person to another. Note however, that between no charges were prosecuted for this offence.
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The Prostitution Act does not specify what items might constitute evidence of prostitution, but one specific item which has been used by the police as evidence of intention to engage in prostitution is karratha condom If the police find anything about the person that indicates that they have the intention of engaging in sex for escort, then that person can be charged.
For those kareatha workers who live in the exclusion zone, a move on notice or restraining order may mean being unable to return to their home, resulting in disturbances to the lives of their partners and children.
The penalty for this is Imprisonment for 2 years. Contradictorily, another part of the Act states that it is an offence to engage in an act of prostitution without using a condom Prostitution Act s8.
Over the six-year period, tothere were no prosecutions against several prostitution laws. In other words, any woman who is suspected of an intention esclrts engage in an act of prostitution can, quite legally, be held down by one or more male police officers while her vagina and anus are searched by a male doctor. It was held in Powell v Devereaux Supreme Court of Western Australia, 12 JuneAppeal No of that the brothel keeping offence under s 76F of the Police Act now s of the Criminal Code escorts not extend to the running of an escort agency where the workers and clients met karratha.
For private workers working from home, katratha is a bit of a legal grey area. A further section of the Act karrztha provides for police officers to engage in activities that would otherwise be illegal but for which, in the context of "detecting an offence", full immunity is afforded to the police officer. The Prostitution Act WA provides for body searches to be carried out, but only by a person of the same sex as the person being searched s29 1.
Some legal rulings have given the feeling that if one worker is working kqrratha home, and it is primarily their home, then this is permissible. At the discretion of the Commissioner of Police, undercover officers may solicit people for the purposes of prostitution.
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In practice this is not consistently adhered to personal observation, October If they are stopped within that area during that period, they may be issued with a restraining order, which prohibits them from entering a specific area for up to one year s Section is broadly drafted and prohibits a wide variety of acts relating to premises used karratha the purposes of prostitution: keeping, managing, assisting in the management, being the escort, lessee or occupier, lessor, landlord, agent or rent collector.
Suspicion may be based on the way a person is dressed or on the person being in a particular location.
Indeed, more male clients of street workers were prosecuted than street workers. This can occur without any charges being laid and could legitimately happen to any woman who happened to be standing on a street corner waiting for a friend or a taxi. However, as noted by the Law Reform Commission of Western Australia, a prosecution for the offence of live on the earnings may extend to those involved in the running of an escort agency.
However, like the laws in many common law jurisdictions, the act of prostitution in itself is not an offence. The criminal laws in Western Australia formally prohibit most prostitution related activities, for example soliciting sex in public. Note however, that between no charges were prosecuted for this offence.
Section 8 of the Prostitution Act states that it is an "offence for a person to engage in an act of prostitution without using a prophylactic that is appropriate for preventing the transmission of bodily fluid from one person to another. The legislation also states that "cavity" searches may be performed by a doctor or nurse s29 5 and that "reasonable force" can be used by police officers to ensure that such searches are carried out s29 6.
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The Act does not specify that the doctor or nurse or any assisting police officers must be the same sex as the person being searched. The quotes below outline the key laws affecting street based sex worker in Western Australia.
In other words if a person who is under age 18 years is found to be working as a sex worker, they can charged and sentenced to prison.