Section 35, The Sexual Offences Act, 2012

In sentencing a person for any offence under this Act, thepresence of any one of the following aggravating factors can permit a maximum sentence- (a) the defendant committed the offence in the company of another person or persons; (b) at the time of or immediately before or after the commission of the offence, the defendant used or threatened to use a weapon; (c) at the time of or immediately before or after the commission of the offence, the defendant caused bodily harm to the victim; 30. A person who– (a) participates as a client or is otherwise involved with a child in an act of child prostitution; or (b) invites, persuades or induces a child to engage in child prostitution with him or her or any other person, 31. (1) A person who– (a) offers, arranges or facilitates the engagement of a child in prostitution; or (c) knowingly receives any financial or other reward, favour or compensation from child prostitution, 32. A parent, guardian or person with care or custody of a child who knowingly allows or facilitates in any way, the engagement of that child in an act of child prostitution commits an offence and is liable on conviction to a term of imprisonment not exceeding fifteen years. 33. It is a defence to a charge under sections 30 and 31 if the defendant satisfies the court on the balance of probabilities that- (a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the child concerned was of or over the age of 18; and (b) at the time of the act concerned, he or she believed on reasonable grounds that the child was of or over the age of 18. Obtaining the services of child prostitute. Offering, arranging or benefiting from child prostitution. Parent facilitating child prostitution. Organising or promot-ing child sex tourism. Defence. Aggravating factors. No. 12 Sexual Offences Act 2012No. 12 Sexual Offences Act 201218 19 (d) the defendant confined or restrained the victim before or after the commission of the offence; (e) the defendant in committing the offence, abused a position of trust, authority or dependency; (f) the defendant is a member of the same family as the victim; (g) the victim is a child; or (h) the victim has a physical or mental disability.