Key Takeaways:
- A woman, Natasha Ambrose, has successfully brought a sexual assault case against a client, Harjeet Saini, who refused to pay her for sex work.
- The case is one of the first to prosecute non-payment of a sex worker as an assault under NSW’s new consent laws.
- The conviction has raised concerns about NSW Police’s understanding of the new laws and their engagement with sex workers.
- The case sets a precedent for sex workers to report similar incidents and seek justice.
- The new consent laws in NSW focus on "positive" consent and include a clause on "fraudulent inducement" that can lead to sexual assault charges.
Introduction to the Case
A woman who successfully brought a sexual assault case for non-payment of sex work says she is relieved her case made it to court. The case involves Harjeet Saini, who has been convicted of sexually assaulting Natasha Ambrose by refusing to pay her for sex work. The conviction has also raised questions about NSW Police’s frontline officers’ understanding of, and engagement with, changing legislation. Saini is due to appear before the NSW District Court to face sentencing on 11 counts of sexual assault against at least four women.
The Assault and Investigation
Natasha Ambrose is a freelance sex worker and transwoman who was engaged by Saini for sexual services over a period of 10 months. After a booking in March 2024, Saini showed her a transfer receipt on his phone and verbally confirmed he had paid her, despite the money not landing in her account. Ambrose contacted Saini several days later and never received a response. In the months following, she started hearing reports of similar incidents from other sex workers, describing a "textbook" pattern of clients not paying for the services they requested. The Inner City Legal Centre (ICLC), a Sydney community legal service specializing in LGBTQIA+ issues, supported Ambrose and other clients in reporting their experiences to NSW Police.
New Consent Laws
NSW’s new consent laws, introduced in 2022, focus on the need for "positive" consent, or an affirmative yes to sexual activity. The laws also include a clause on "fraudulent inducement," which states that manipulating someone into having sex by making a promise and then not coming good on the promise can be considered sexual assault. The ICLC’s CEO, Katie Green, says that previous attempts to report non-paying clients to police were dismissed as a civil issue, rather than a criminal case. The new laws have led to the convictions of several perpetrators of sexual assault in Queensland and the ACT.
Police Response and Attitudes
The ICLC says that Ambrose’s case highlights a problem with NSW Police’s frontline officers not understanding the new laws and holding onto outdated attitudes about sex work. Cecelia Henry, a senior lawyer at the ICLC, accompanied clients to give statements, only to meet with officers who did not comprehend that the behaviors detailed were in fact unlawful. Henry says that roughly two-thirds of her clients were initially turned away from multiple police stations while trying to report sexual assaults against them. Ambrose described NSW Police as dismissive of her sexual assault when she first went to report it, saying that she got the impression that they thought it wouldn’t amount to anything.
Precedent and Impact
The case sets a precedent for sex workers to report similar incidents and seek justice. The Sex Workers’ Outreach Project’s (SWOP) CEO, Kerrie Jordan, says that the case is a "game changer" for sex workers, signaling that it’s safe to report these matters and they’ll be taken seriously. Ambrose has been preparing her victim impact statement for the sentencing and says that the laws and the precedent to be set by this case are a "game changer" for her colleagues and friends in the industry. The NSW Police Force has said that it takes all reports of sexual violence seriously and encourages the reporting of sexual violence offenses to police, including those committed against sex workers.
Conclusion and Future Implications
The conviction of Harjeet Saini for sexually assaulting Natasha Ambrose by refusing to pay her for sex work is a significant step forward for sex workers’ rights. The case highlights the importance of understanding and enforcing the new consent laws, particularly the clause on "fraudulent inducement." It also raises concerns about NSW Police’s engagement with sex workers and the need for further training and education on the new laws. As the case sets a precedent for sex workers to report similar incidents, it is essential to ensure that police officers are equipped to handle these cases with sensitivity and understanding, and that sex workers feel safe and supported in reporting sexual assaults.
