The commodification of sexual activity encompasses various crimes involving the exchange of sexual services for money or other benefits. These crimes fall under Sections 286.1 to 286.5 of the Criminal Code and are treated with utmost seriousness by the courts due to their profound effects on personal dignity, public safety, and societal values.
Commodification of Sexual Activity: Legal Definitions
The Criminal Code specifies several offences related to the “commodification of sexual activity”, each targeting different aspects of the illegal sex trade. These include obtaining sexual services, profiting from sexual services, and facilitating or encouraging the exchange of sexual services.
Communication to Obtain Sexual Services
Section 286.1(1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person.
Material Benefit from Sexual Services
Section 286.2(1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1).
Procuring into Sexual Services
Section 286.3(1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person.
Facing charges for sexual service-related activities?
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Penalties and Consequences for Commodification of Sexual Activity
The penalties for offences related to the “commodification of sexual activity” are severe, reflecting Canada's commitment to protecting individuals from exploitation. Depending on the offence and whether it is tried as an indictable offence or a summary conviction, penalties can range from fines to lengthy prison sentences.
Communication for Obtaining Sexual Services
- Indictable Offence: Maximum penalty of five years imprisonment and a minimum fine of $1,000 to $2,000, depending on circumstances and prior offences.
- Summary Conviction: Maximum penalty of two years less a day imprisonment and a fine ranging from $500 to $2,000, depending on circumstances and prior offences.
Material Benefit from Sexual Services
- Indictable Offence: Carries a maximum penalty of ten years imprisonment.
- Summary Conviction: Lesser cases may be prosecuted as summary offences, usually resulting in shorter jail terms and/or fines.
Procuring Sexual Services
- Indictable Offence: Maximum penalty of fourteen years imprisonment.
- Summary Conviction: Typically, this offence leads to indictable charges due to its seriousness, making summary conviction rare.
Charged with Offences Involving the Commodification of Sexual Services?
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Aggravating Factors in Commodification of Sexual Activity
Certain factors can lead to harsher penalties for these offences:
- Involvement of minors, i.e., persons under 18 years old.
- Use of violence, intimidation, or coercion.
- Abuse of a position of trust, power, or authority over the victim.
- Offences committed near schools, parks, or other places where minors are likely to be.
- Participation in organized commercial operations that profit from sexual services.
Possible Dispositions for Commodification of Sexual Activity
Depending on the circumstances, dispositions can include:
- Jail
- Jail with probation
- Jail with a fine
Possible Defences Against Charges of Commodification of Sexual Activity
Defending against these charges requires an in-depth understanding of the law and careful analysis of the evidence. Possible defences may include:
- Lack of Knowledge: Arguing that the accused did not know the benefit was derived from illegal sexual services.
- Challenging Evidence: Questioning the reliability and consistency of the prosecution’s evidence.
- No Intent to Procure: Demonstrating that the accused did not intend to facilitate or promote sexual services.
Given the complexity of these cases and the severe consequences, it is vital to seek advice from an experienced criminal defence lawyer. A skilled lawyer can help you evaluate your case, build a strong defence, and protect your rights throughout the legal process.
Don’t Face Your Commodification of Sexual Activity Charge Alone
An experienced criminal defence lawyer is vital when dealing with a “commodification of sexual activity” charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been charged with commodification of sexual activity. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.