Using the available case law, this article examines the role of consent in the prosecution and sentencing of trafficking in persons in Australia and develops recommendations to overcome common stereotypes and protect the rights of trafficked persons. The primary focus of this article is on cases involving trafficking of adult women for the purpose of commercial sexual exploitation, ie prostitution. Trafficking for other exploitative purposes, such as domestic servitude, forced labour and trafficking in children, are not well documented in Australia and there are few reported cases on these points.