Section 14, Smuggling Act, 2022

(1) A person shall not knowingly travel across aninternational border for the purpose of soliciting commercial sexual act with a child, including the use of pornographic images. 14 15 Human trafficking Cross border trafficking for sex or labour exploitation Child sexual exploitation in tourism, etc., No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 shall prepare in respect of each financial year, a financial statement which shall include– (a) balance sheet accounts; (b) income and expenditure accounts; and (c) source and application of funds. (2) The accounts of the Task Force kept under subsection (1) shall, not later than 3 months after the end of each financial year, be audited by the Auditor-General or an auditor appointed by him. (3) For the purposes of subsection (2), the Auditor- General or the auditor appointed by him shall be entitled to have access to all books of account, vouchers and other financial records of the Task Force and to require such information and explanation thereon as he may think fit. (4) The Task Force shall provide the Auditor-General or the auditor appointed by him with all necessary and appropriate facilities for the examination of the accounts and records of the Task Force. (5) The Auditor-General or the auditor appointed by him shall submit to the Task Force a report on the audited accounts and the financial statements referred to in subsection (1) and shall, in his report draw attention to– (a) any irregularities in the accounts; (b) any matters that are likely to adversely affect the operations of the Task Force; and (4) A person convicted of an offence under subsection (1) shall serve a prison term of not less than 10 years, if any one of the following aggravating circumstances is present– (a) during the smuggling, the smuggled migrant is involved in serious injury, life-threatening illness or death, or other circumstances that endanger or are likely to endanger, the life or safety of the smuggled migrant or any other person; (b) the smuggled migrant was subjected to cruel, inhuman or degrading treatment by another person including subjecting the smuggled migrant to sexual exploitation or prostitution, labour exploitation, forced labour, domestic servitude, slavery or practices similar to slavery; (c) the smuggling was committed as part of the activity of an organised criminal group; or (d) the smuggler has been convicted of the same offence under this Act. 21. (1) A person shall not, for the purpose of aiding migrant smuggling, use, procure, provide or possess fraudulent travel or identity document; or enable a person who is not a citizen or a permanent resident of Sierra Leone, to remain in Sierra Leone without complying with the necessary requirement for legally remaining in Sierra Leone. 250,000,000 Leones or to a term of imprisonment of not less than 10 Aiding migrant smuggling No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 (c) any other matter which, in his opinion, ought to be brought to the notice of the Task Force. 9. The financial year of the Task Force shall be the same as the financial year of the Government. 10. (1) The Task Force shall, as soon as practicable, after the end of each financial year, but within 1 month thereafter, submit to the Minister of Social Welfare an annual report dealing generally with the activities and operations of the Task Force within that financial year. (2) The Minister of Social Welfare shall, after receiving the annual report of the Task Force, cause it to be laid before Parliament. (3) The Task Force shall also submit to the Minister of Social Welfare such other reports on its affairs as he may, from time to time, request in writing. PART III – VICTIMS OF HUMAN TRAFFICKING TRUST FUND 11. (1) There is hereby established a fund to be called the Victims of Human Trafficking Trust Fund which shall be administered by a Board of Trustees. (2) The Board of Trustees of the Victims of Human Trafficking Trust Fund shall consist of– (a) a Chairman and not less than 4 other members appointed by the Task Force, after consultations with the Attorney-General and Minister of Justice and the Minister of Finance; Victims of Human Trafficking Trust Fund. Financial year. Annual report. (b) a victim’s past sexual behaviour is irrelevant and inadmissible for purpose of proving that the victim was engaged in other sexual behaviour or to prove the victim’s sexual predisposition; (c) the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as human trafficking even if this does not involve any of the specified means of exploitation; (d) the legal age of consent to sex, legal age of marriage or other discretionary age shall not be a defence to trafficking.