Sydney woman Ruixiang Xin charged with prostitution as sex work laws change

Amid shifting sex work laws, a woman dobbed in during a visit to Queensland has faced a sympathetic magistrate who found her money was made in a “more difficult” way than “ordinary day jobs”.

A Sydney-based sex worker was dobbed in to Queensland police after flying up to operate without proper registration, but by the time she got to court times had changed.

A fly-in Sydney-based sex worker, dobbed into Queensland police after operating an illegal prostitution business, has had her charges thrown out of court.

This is after a Mackay Magistrate found the services offered by Ruixiang Xin would soon be legal and the forfeiture of $1905 in money made was punishment enough because “although unlawfully earned (it was) still earned in a way that is arguably more difficult than ordinary day jobs”.

Police found Xin at a West Mackay unit on April 28 in 2018 after receiving intelligence she was working as a prostitute.

She had flown up from NSW only 10 days before and was found with the $1905 in cash.

Five years later, the 49-year-old pleaded guilty in Mackay Magistrates Court to having a third party involved in her business – illegal under sole trader requirements – and possessing tainted money.

By the time she faced court however, the Attorney-General had committed to decriminalising sex work after a landmark review found existing laws endangered women.

Attorney-General Shannon Fentiman said “we need to bring sex work out to off the dark and properly regulate the industry particularly for the safety of workers.”

Her lawyer Paul Blake of KPT Defence told the court on July 5 that that third party was effectively an interpreter for Ms Xin, whose English language skills were described as “rudimentary”.

Moreover, Mr Blake argued the court could not ignore the legislation was changing.

“She’s essentially committed an act which will, in a certain period of time, not be an offence,” he said.

“That’s something of importance.”

Magistrate Bronwyn Hartigan accepted Ms Xin was of “excellent character” and fully co-operated with police.

She said it remained “unlawful for her to be carrying on the business in the way that she was” in 2018, but would take into account the shifting legislation.

“Sex workers provide an essential service in the community and it is essential that they remain safe at all times,” she said.

“There is no doubt that it is dangerous to work as a single woman.

“And there have indeed been recommendations by the Law Reform Commission of Queensland that prostitution in the way that Ms Xin was carrying out is decriminalised.

“It is extremely likely that in the near future this is unlikely to be an offence at all.”

Ms Hartigan dismissed absolutely the charges against Ms Xin.