Enforcing Street Solicitation Laws

Prior to the 10 May 2022, Victoria’s Sex Work Act 1994 (Vic) allowed for both street-based sex workers and their clients to be charged by Victoria Police with the offence of solicitation. After the 10 May 2022, solicitation offences against street-based sex workers and their clients were moved to the Summary Offences Act 1966 (Vic). The crime of solicitation is a summary offence, which is heard at the Victorian Magistrates’ Court. A range of penalties can be imposed, including imprisonment.

How has the number of worker solicitation offences changed over time?

Street Prostitution St Kilda
Source: Crime Statistics Agency (CSA)
  1. Offences relate to s13 (street sex work – offences by sex workers) of the Sex Work Act 1994 (Vic)
  2. Victoria Police uses the following Offence Codes for offences within section 13: 595DK, 595DL, 595DM and 595EK
  3. Years are calendar years
  4. No data available prior to 2005
  5. Number of offences is not the same as number of offenders as one offender may be charged multiple times
  6. Recorded crime statistics are based on data extracted by Victoria Police

  7. s13 of the Sex Work Act 1994 (Vic) was repealed on 10 May 2022

  8. On 10 May 2022, new street solicitation offences were inserted into s38B of the Summary Offences Act 1966 (Vic). There were no recorded offences under s38B between 10/05/2022 and 31/12/2022.

Likely reasons for the decline in charges of solicitation laid against workers are:

  1. A reduction in the number of street-based sex workers as a result of shifting trends in the industry
  2. A particular change in the attitude of police towards street sex work, known as regulated tolerance.¹

How has the number of client solicitation offences changed over time?

Source: Crime Statistics Agency (CSA)
  1. Offences taken from s12 (street sex work – offences by clients) of the Sex Work Act 1994 (Vic)
  2. Victoria Police uses the following Offence Codes for offences within section 12: 595DZ, 595EA, 595EE, 595EG, 595EI and 595EJ.
  3. Years are calendar years
  4. No data available prior to 2005
  5. Number of offences is not the same as number of offenders as one offender may be charged multiple times.
  6. Recorded crime statistics are based on data extracted by Victoria Police
  7. s12 of the Sex Work Act 1994 (Vic) was repealed on 10 May 2022.
  8. On 10 May 2022, new street solicitation offences were inserted into s38B of the Summary Offences Act 1966 (Vic). There were no recorded offences under s38B between 10/05/2022 and 31/12/2022.

Likely reasons for the decline in charges of solicitation laid against clients are:

  1. A reduction in the number of street-based sex workers as a result of shifting trends in the industry
  2. A particular change in the attitude of police towards street sex work, known as regulated tolerance.¹

Are clients and workers charged equally?

Street solicitation sex work police
Source: Crime Statistics Agency (CSA)
  1. Offences relating to ss12-13 (street sex work offences) of the Sex Work Act 1994 (Vic)
  2. Calculated via comparison of number of client solicitation recorded offences with number of sex worker solicitation recorded offences between 2005 and 2018.
  3. Between 2005 and 2018 there were 611 offences recorded against clients. During the same period there were 1100 offences recorded against sex workers.
  4. Number of offences is not the same as number of offenders. This is because one offender may be charged multiple times.
  5. Recorded crime statistics are based on data extracted by Victoria Police
  6. Sections 12 and 13 of the Sex Work Act 1994 (Vic) were repealed on 10 May 2022.

What penalties were imposed by courts on workers charged with solicitation?

charge sex worker police arrest
Source: Sentencing Advisory Council
  1. Penalties range from 1- 6 months’ imprisonment and fines of $826 – $9,913
  2. Penalties imposed on street-based sex workers charged with solicitation in a public place according to s13 of the Sex Work Act 1994 (Vic)
  3. Based on 41 cases heard in the Victorian Magistrates’ Court between 1 July 2013 and 30 June 2016. A case is a collection of one or more charges (of any offence) against a person
  4. sentenced at the one hearing.

What penalties were imposed by courts on clients charged with solicitation?

Police arrest sex work client Sentencing Advisory Council Prostitution
Source: Sentencing Advisory Council
  1. Penalties range from 1- 9 months’ imprisonment and fines of $1,652 – $14,869
  2. Penalties imposed on clients of street-based sex workers charged with solicitation in a public place according to s12 of the Sex Work Act 1994 (Vic)
  3. Based on 41 cases heard in the Victorian Magistrates’ Court between 1 July 2013 and 30 June 2016. A case is a collection of one or more charges (of any offence) against a person sentenced at the one hearing.
  4. s13 of the Sex Work Act 1994 (Vic) was repealed on 10 May 2022.

“Within 15–20 minutes the sex market was back in full swing.”

Time estimated it took sex workers to return to work after a police blitz on street sex work. (Dr Ben Durant, street sex work academic, 2015)
  1. Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University, p12

© Sex Work Law Reform Victoria 2023

Last updated: 17 April 2023

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