1068
(b)
(c)
(3)
Sub-section (2) does not—
(a)
(b)
(4)
the terms of any written or oral contract or agreement between the person and the alleged offender;
the personal circumstances of the person, including but not limited to:
(i) whether the person is lawfully entitled to be in Fiji; and
(ii) the person’s ability to speak, write and understand English or the language in which the deception
or inducement occurred; and
(iii) the extent of the person’s social and physical dependence on the alleged offender.
prevent the leading of any other evidence in proceedings for an offence against sub-section (1); or
limit the manner in which evidence may be adduced or the admissibility of evidence.
In this section—
“deceive” has the same meaning as in section 111.
“sexual service” means the commercial use or display of the body of the person providing the service for
the sexual gratification of others.
Aggravated offences
108.—(1) For the purposes of this Division, an offence against section 106 or 107 is an aggravated offence if
the offence was committed against a person who is under 18.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege that the offence was
committed against a person under that age.
(3) In order to prove an aggravated offence, the prosecution must prove that the defendant intended to commit,
or was reckless as to committing, the offence against a person under that age.
Alternative verdict if aggravated offence not proven
109. If, on a trial for an aggravated offence against section 106 or 107, the jury is not satisfied that the defendant
is guilty of an aggravated offence, but is otherwise satisfied that he or she is guilty of an offence against that section,
it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Double jeopardy
110. If a person has been convicted or acquitted in a country outside Fiji of an offence against the law of that
country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of
that conduct.
Division 6 — Trafficking in Persons and Children
111.
In this Division—
Definitions
“confiscate”, in relation to a person’s travel or identity document, means to take possession of the document,
whether permanently or otherwise, to the exclusion of the person, or to destroy the document.
“deceive” means mislead as to fact (including the intention of any person) or as to law, by words or other
conduct.
“threat” means—
(a)
(b)
(c)
a threat of force; or
a threat to cause a person’s removal from Fiji; or
a threat of any other detrimental action -
unless there are reasonable grounds for the threat of that action.
Offence of trafficking in persons
112.—(1) A person (the first person) commits an indictable offence of trafficking in persons if—
(a)
the first person organises or facilitates the entry or proposed entry, or the receipt, of another person
into Fiji; and