Enforcing Street Solicitation Laws
Victoria’s Sex Work Act 1994 (Vic) allows for both street-based sex workers and their clients to be charged by Victoria Police with the offence of solicitation. 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?
- Offences relate to s13 (street sex work – offences by sex workers) of the Sex Work Act 1994 (Vic)
- Years are calendar years
- No data available prior to 2005
- Number of offences is not the same as number of offenders as one offender may be charged multiple times.
- Recorded crime statistics are based on data extracted by Victoria Police
Likely reasons for the decline in charges of solicitation laid against workers are:
- A reduction in the number of street-based sex workers as a result of shifting trends in the industry
- 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?
- Offences taken from s12 (street sex work – offences by clients) of the Sex Work Act 1994 (Vic)
- Years are calendar years
- No data available prior to 2005
- Number of offences is not the same as number of offenders as one offender may be charged multiple times.
- Recorded crime statistics are based on data extracted by Victoria Police
Likely reasons for the decline in charges of solicitation laid against clients are:
- A reduction in the number of street-based sex workers as a result of shifting trends in the industry
- A particular change in the attitude of police towards street sex work, known as regulated tolerance.¹
Are clients and workers charged equally?
- Offences relating to ss12-13 (street sex work offences) of the Sex Work Act 1994 (Vic)
- Calculated via comparison of number of client solicitation recorded offences with number of sex worker solicitation recorded offences between 2005 and 2018.
- Between 2005 and 2018 there were 611 offences recorded against clients. During the same period there were 1100 offences recorded against sex workers.
- Number of offences is not the same as number of offenders. This is because one offender may be charged multiple times.
- Recorded crime statistics are based on data extracted by Victoria Police
What penalties were imposed by courts on workers charged with solicitation?
- Penalties range from 1- 6 months’ imprisonment and fines of $826 – $9,913
- Penalties imposed on street-based sex workers charged with solicitation in a public place according to s13 of the Sex Work Act 1994 (Vic)
- 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.
What penalties were imposed by courts on clients charged with solicitation?
- Penalties range from 1- 9 months’ imprisonment and fines of $1,652 – $14,869
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)
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.
“Within 15–20 minutes the sex market was back in full swing.”
- Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University, p12
Last updated: 18 October 2019
