Prostitution in Denmark was partly decriminalised in 1999, based partly on the premise that it was easier to police a legal trade than an illegal one. Third-party activities, such as profiting from brothel administration and other forms of procuring, remain illegal activities in Denmark, as do pimping and prostitution of minors. [1] [2]
The Civil Code of 1683, or Christian 5.s Danske Lov (also enacted in the Danish province of Norway as the Civil Code of 1687 or Christian Vs Norske Lov ) explicitly banned extramarital sex (including prostitution) as fornication. [3] Danish law prescribed jail for men and whipping for women caught in fornication.
Prostitution ("professional fornication") was regulated in Denmark during the nineteenth century, with police playing an active part. Nineteenth-century policies to prostitution were driven by the idea that it was a primary source for sexually transmitted diseases, with women being registered and subject to increasingly regular examinations. In 1815, registration of prostitutes was introduced in Copenhagen, with women being registered as prostitutes in the police records, forced to register at a (police surveilled) 'tolerated' brothel and subjected to regular examinations, with forced hospitalisation during illness. [3] Technically prostitution was still illegal, so regulation was carried out discreetly by order of King Frederick VI (1808-1839). On 11 February 1863, this policy was officially recognised and given some legal ground, and in 1874, the system of regulated prostitution was officially introduced in Danish law, with legal grounds for forced examination and hospitalisation of suspected prostitutes. [3]
These policies became the target of women's groups and religious groups, such as the Foreningen imod Lovbeskyttelse for Usædelighed, forcing some relaxation in 1885. Brothels were eventually banned in 1901, and in 1906 forceful examination was abandoned. [4]
Decriminalisation occurred in 1999. [4] In 2006, the government announced a campaign to combat prostitution and racketeers involved in organising the trade and human trafficking, following a commissioned police report entitled Strategi for en styrket politimæssig indsats mod prostitutionens bagmænd (Strategy for an enhanced police effort against the masterminds of prostitution). Justice Minister Lene Espersen (DFK) announced an intensified police effort against traffickers while promising a more sympathetic approach to victims and witnesses, with new police reforms effective 1 January 2007. This would replace an earlier strategy due to expire at the end of 2006. [5] In February 2013, Justice Minister Morten Bødskov announced further measures and introduced a bill, arising from the 2012 report of the Criminal law Council, extending provisions against exploitation from brothels to escort services and street prostitution, increasing penalties and giving police more powers. [6]
In 2009, the Ministry of Justice ordered the Criminal Code Council (Straffelovrådet) to undertake a comprehensive review of Chapter 24, and they delivered their report in November 2012. [7] In the terms of reference, they were asked specifically to comment on whether the buying of sex should be banned. Amongst their recommendations were;
In addition, the Council proposed adjusting the maximum penalties for the participation of a child under 18, for payment or promise of payment, having sexual relations with a client, or for being a spectator to a show with pornographic performances involving a child under 18, in order to meet the demands of the EU directive on combating the sexual abuse of children. They also proposed adjusting the maximum penalties for aiding the prostitution of others.
With regards to a ban on buying sex, the Council concluded that such a ban would only be justified as a moral rejection of the purchase of sex. With the knowledge on prostitution in Denmark and the information on the experience of the ban on buying sex in other countries, the council's opinion was that a ban on buying sex will not have a significant positive impact in any other respects than the punishing those who purchase sex. On the contrary, a ban on buying sex could have negative consequences for a number of prostitutes in terms of worsening economic conditions and in the form of increased stigma.
On receiving their report, the Minister of Justice (Justitsministeren) Morten Bødskov made these remarks: "The government has also decided to follow the Criminal Code Council recommendation not to impose a ban on buying sex (købesex). The Criminal Council study shows that a ban on buying sex is not likely to lead to a decrease in prostitution or the exploitation of prostitutes, but rather is likely to have negative consequences for the prostitutes." (21 November 2012). [8] [nb 1]
§ 228
(1) Any person who-
1) induces another to seek a profit by sexual immorality with others; or
2) for the purpose of gain, induces another to indulge in sexual immorality with others or prevents another who engages in sexual immorality as a profession from giving it up; or
3) keeps a brothel; -shall be guilty of procuring and liable to imprisonment for any term not exceeding four years.
(2) The same penalty shall apply to any person who incites or helps a person under the age of twenty-one (21) to engage in sexual immorality as a profession, or to any person who abets some other person to leave the Kingdom in order that the latter shall engage in sexual immorality as a profession abroad or shall be used for such immorality, where that person is under the age of twenty-one (21) or is at the time ignorant of the purpose.
§ 229
(1) Any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession, shall be liable to imprisonment for any term not exceeding three years or, in mitigating circumstances, to simple detention or a fine.
(2) Any person who lets a room in a hotel or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.
§ 233
Any person who incites or invites other persons to prostitution or exhibits immoral habits in a manner which is likely to annoy others or arouse public offence shall be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.
The US State Department said that a 2008 report from the National Board of Social Services states that police estimate the number of persons involved in prostitution is approximately 5,500. [9]
The traditional center for prostitution in Copenhagen is the district behind the Copenhagen Central Rail Station (mainly Istedgade, Halmtorvet and Skelbækgade). At the commencement of 2009, the number of street-based sex workers and sex-oriented businesses in the area was declining, but there appeared to be a growth in numbers by the middle of that same year. [10] Most of the people entering the industry originated from Eastern Europe and Africa.
Like many other European cities, many sex workers now use internet-based advertisements for incall and outcall services. [11]
A 2009 study by TAMPEP estimated that migrant workers make up 65% of all prostitutes in Denmark. [12] However, the most recent report from the Servicestyrelsen agency states that about half of the sex workers in Denmark are migrants. The largest group, about 900, come from Thailand and, typically, these workers hold a residence permit or Danish citizenship. The migrant workers are entitled to a wide range of social and health benefits, but are not always aware that such services exist for them. The next largest group, totaling about 1,000, are from European Union (EU) countries in Central and Eastern Europe, but tend to commute between Denmark and their homeland; such individuals are therefore not entitled to receive assistance from Danish social services. The third largest sex worker migrant group, from Africa (especially Nigeria), numbers around 300 and a number of the African migrants commute between other Schengen Area countries and Denmark. (A similar situation exists in Norway.) [13]
A number of women from all three migrant groups may be victims of human trafficking, the actual proportion is unknown, with no reliable figures detailing the number of trafficked persons currently available for analysis. In 2008 the police met with 431 women suspected of association with trafficking and 72 were confirmed to be victims. According to Copenhagen police, women are recruited in their native countries, transported to Denmark, and then forced into prostitution. [9]
A 2005 study of male clientele by Claus Lautrups found that 14% of Danish men have paid for sex at least once. [14] [15]
The then-Social Democrat (S) government of Poul Nyrup Rasmussen reformed the penal code on 17 March 1999, coming into force on 1 July 1999 to decriminalise prostitution. The Social Democrats lost power in 2001.
As elsewhere in Scandinavia, there has been a continuing debate about the status of prostitution laws. The then-opposition Social Democrats and feminist groups favoured outlawing the buying of sexual acts in 2009. [16] This would have put Denmark in line with Sweden, Norway, and Iceland, Norway having adopted such legislation in 2009. This position was supported by a number of opposition parties, including the Red-Green Alliance (Enhedslisten, EL) and the Socialist People's Party (SF), but not the Social Liberals (R). This position had little popular support, only about 26% supporting the measure. (see Public opinion ). At that time, Denmark was governed by a centre-right minority government consisting of the Liberal Party (Venstre, V) and the Conservative People's Party (Det Konservative Folkeparti, DKF).
In June 2011, responding to both an opinion poll and recent research (which see) the opposition Social Democrats (S), supported by the Socialist People's Party (SF), were in favour of the Swedish model of banning the sale of sex, and did not consider the issue of rights identified in the 2011 poll. This put them at odds with the minority governing parties, the Liberals (Venstre) (V), although the position of the junior governing party, the Conservatives's (K), position was less clear. On the other hand, the opposition People's Party (DF) was more supportive of rights, looking to New Zealand. In Denmark's complex political mosaic, the Radicals (Social Liberals) (R), who were divided on the issue, were in a position of holding the balance of power on the issue. It was anticipated that if the Social Democrats were returned to power, they would follow Sweden's example. [17]
In the September 2011 elections, the centre-right coalition lost power to a centre-left coalition led by the Social Democrats, together with the Social Liberals and the Socialist People's Party (Socialistisk Folkeparti, SF), and were in a position to change the laws. However, the Socialist People's Party withdrew from the coalition on 30 January 2014, leaving the Social Democrats heavily dependent on the support of the opposition Venstre, and consequently having to modify their election promises, although the Socialist People's party continue to support the government.
A public opinion poll in 2011 showed that 61% of Danes think Danish sex workers should have more rights, and their profession recognised. Support was found by the majority of voters for all parties, but most noticeably for the relatively small Liberal Alliance (LA). The question was: "In Denmark, prostitution is legal, and prostitutes are in principle taxable. Prostitution is not recognised as a profession, and the prostitutes are not able to join a union, receive benefits, or be eligible for employment insurance. Are you in favour or opposed to prostitutes being allowed to join a union in order to receive benefits and employment insurance?" [17]
In 2010, the Danish government, responding to criticisms that the debate on prostitution was largely based on myths and stereotypes, allocated DKK 4 million for a national survey by Det Nationale Forskningscenter for Velfærd, [18] which was published in 2011 as Prostitution i Danmark. [19] The report stressed that prostitution cannot be treated as a monolithic or homogeneous entity, in particular drawing a distinction between outdoor (street) and indoor work. It suggested a more targeted approach, pointing out that most sex workers had chosen their profession, rather than being coerced. [17]
Under Danish Jurisdiction, the legal status of prostitution remains lawful. However, there is no evidence of organised prostitution within the self-governing territory. [20]
Prostitution in Greenland is illegal. [21] Although the country is subject to the law of Denmark in most areas of legislation, Denmark's decriminalisation of prostitution in 1999 has not been applied in Greenland. [20] In addition, Greenland is exempt from the obligations of the Palermo Protocol on human trafficking to which Denmark is a signatory, [20] but there is little evidence of human trafficking in Greenland. [22] A report published in 2008 indicated that Greenland had no signs of visible or organised prostitution, no services directed specifically at prostitutes and no instances of prostitution-related court cases. It did, however, refer to claims that transactional sex had sometimes been used, for example, in return for temporary housing. [20] In a tradition associated with Greenlandic Inuit, hosts have been reported to have offered their wives to guests in a form of "hospitable prostitution". [23] [24] The colonists who founded the country's capital Nuuk in 1728 included prostitutes among their number. [25]
Prostitution in Germany is legal, as are other aspects of the sex industry, including brothels, advertisement, and job offers through HR companies. Full-service sex work is widespread and regulated by the German government, which levies taxes on it. In 2016, the government adopted a new law, the Prostitutes Protection Act, in an effort to improve the legal situation of sex workers, while also now enacting a legal requirement for registration of prostitution activity and banning prostitution which involves no use of condoms. The social stigmatization of sex work persists and many workers continue to lead a double life. Human rights organizations consider the resulting common exploitation of women from East Germany to be the main problem associated with the profession.
Prostitution in the Netherlands is legal and regulated. Operating a brothel is also legal. De Wallen, the largest and best-known Red-light district in Amsterdam, is a destination for international sex tourism.
Prostitution in Thailand is illegal. However, due to police corruption and an economic reliance on prostitution dating back to the Vietnam War, it remains a significant presence in the country. It results from poverty, low levels of education and a lack of employment in rural areas. Prostitutes mostly come from the northeastern (Isan) region of Thailand, from ethnic minorities or from neighbouring countries, especially Cambodia, Myanmar, and Laos. UNAIDS in 2019 estimated the total population of sex workers in Thailand to be 43,000.
In Great Britain, the act of engaging in sex as part of an exchange of various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.
The laws on prostitution in Sweden make it illegal to buy sex, but not to sell the use of one's own body for such services. Procuring and operating a brothel remain illegal. The criminalisation of the purchase of sex, but not the selling of one's own body for sex, was unique when first enacted in Sweden in 1999. Since then, this "Nordic model" for sex trade legislation has been adopted in several other nations.
Prostitution in Finland is legal, but soliciting in a public place and organised prostitution are illegal. According to a 2010 TAMPEP study, 69% of prostitutes working in Finland are migrants. As of 2009, there was little "visible" prostitution in Finland as it was mostly limited to private residences and nightclubs in larger metropolitan areas.
Prostitution in South Africa is illegal for both buying and selling sex, as well as related activities such as brothel keeping and pimping. However, it remains widespread. Law enforcement is poor.
Prostitution in Norway is illegal and a criminal act when sexual acts are purchased, but not when sold. The Norwegian law prohibiting the buying of sexual acts came into effect on 1 January 2009, following the passing of new legislation by the Norwegian parliament in November 2008. Soliciting and advertising "sexual services" is also illegal under the Norwegian Criminal Code section 378 and section 202(3).
Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact with the customer. The requirement of physical contact also creates the risk of transferring infections. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, and sometimes a sex worker, but the words hooker and whore are also sometimes used to describe those who work as prostitutes.
Prostitution was legal in Israel until December 2018, but organised prostitution in the form of brothels and pimping were prohibited. Legislation passed in the Knesset on 31 December 2018 that criminalises the "clients" of prostitutes came into force in May 2020, and was regulated since July 2020 under the Israeli Abolition of Prostitution Consumption Law, where fines will be cast for consumption of prostitution services from an adult. This legislation makes Israel the tenth country to adopt the "Nordic model". The Ministry of Social Affairs and Social Services estimates there to be 14,000 prostitutes in the country.
Prostitution in Pakistan is a taboo culture of sex-trade that exists as an open secret but illegal. Prostitution is largely based in organisational setups like brothels or furthered by individual call girls.
Prostitution is legal and regulated in Bangladesh. Prostitutes must register and state an affidavit stating that they are entering prostitution of their own free choice and that they are unable to find any other work. Bangladeshi prostitutes often suffer poor social conditions and are frequently socially degraded.
Prostitution is illegal in Qatar and carries severe punishment of several years in prison. Prostitution normally takes place in bars, nightclubs and hotels. There are occasional clamp-downs and the prostitutes are arrested and deported.
Prostitution in Trinidad and Tobago is legal but related activities such as brothel keeping, soliciting and pimping are illegal.
The legality of prostitution in Europe varies by country.
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.
The decriminalization of sex work is the removal of criminal penalties for sex work. Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is distinct from legalization.
Legality of prostitution in the Americas varies by country. Most countries only legalized prostitution, with the act of exchanging money for sexual services legal. The level of enforcement varies by country. One country, the United States, is unique as legality of prostitution is not the responsibility of the federal government, but rather state, territorial, and federal district's responsibility.
The Nordic Criminal Model approach to sex work, also marketed as the end demand, equality model, neo-abolitionism, Nordic and Swedish model, is an approach to sex work that criminalises clients, third parties and many ways sex workers operate. This approach to criminalising sex work was developed in Sweden in 1999 on the debated radical feminist position that all sex work is sexual servitude and no person can consent to engage in commercial sexual services. The main objective of the model is to abolish the sex industry by punishing the purchase of sexual services. The model was also originally developed to make working in the sex industry more difficult, as Ann Martin said when asked about their role in developing the model - "I think of course the law has negative consequences for women in prostitution but that's also some of the effect that we want to achieve with the law... It shouldn't be as easy as it was before to go out and sell sex."
