Prostitution Reform Act 2003

Commercial sexual services - Protections for sex workers

17: Refusal to provide commercial sexual services

You could also call this:

"Saying no to providing sexual services is always your right, even if you agreed to do it."

If you are a sex worker, you can refuse to provide commercial sexual services to someone at any time. You can do this even if you have a contract to provide these services. This means you always have the right to say no.

If you have agreed to provide commercial sexual services, this does not mean you have given your consent if you do not want to do it. You can change your mind and withdraw your consent at any time. This is important for understanding what consent means under the law.

If you refuse to provide commercial sexual services, the other person may still have some rights under the contract. They may be able to cancel the contract or get compensation if you do not do what you agreed to do. However, this does not change your right to refuse to provide the services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197867.


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16: Inducing or compelling persons to provide commercial sexual services or earnings from prostitution, or

"It's against the law to force or trick someone into doing commercial sexual work or giving you their money."


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18: Refusal to work as sex worker does not affect entitlements, or

"Saying no to sex work doesn't stop you getting benefits."

Part 2Commercial sexual services
Protections for sex workers

17Refusal to provide commercial sexual services

  1. Despite anything in a contract for the provision of commercial sexual services, a person may, at any time, refuse to provide, or to continue to provide, a commercial sexual service to any other person.

  2. The fact that a person has entered into a contract to provide commercial sexual services does not of itself constitute consent for the purposes of the criminal law if he or she does not consent, or withdraws his or her consent, to providing a commercial sexual service.

  3. However, nothing in this section affects a right (if any) to rescind or cancel, or to recover damages for, a contract for the provision of commercial sexual services that is not performed.