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Prostitution in Poland is legal, but operating brothels or other forms of pimping or coercive prostitution and prostitution of minors are prohibited.
The travelling prostitute is recorded in the tenth century. Dozens of brothels thrived on the outskirts of central Warsaw since its establishment as the national capital in the sixteenth century, as in other large Polish cities and towns. These cities established municipal brothels and taxed both prostitutes and brothel keepers. The first recorded brothel (Dom publiczny - literally public house) in Poland is considered to be in Bochnia in the 15th century, which catered to merchants who came to buy salt from the mines there. [1]
A Hungarian explorer to Poland in the early seventeenth century, Márton Szepsi Csombor, wrote that when he passed through Lipnica Murowana they were "surrounded by a swarm of unclean maidens to flatter and compliment us and play and sing". In Bochnia the city authorities from time to time passed ordinances against "harlots and loose people". In 1610 the mayor and town councillors appointed fines, and an ordinance from 1743 called for severe punishment for adultery. The trade guilds demanded a proper "moral" life of its members, one of the articles of the butcher's guild set a payment of 12 cents into a box for "debauchery or starting a conversation with a married woman". [1]
From the fifteenth century, police inspected brothels and removed women thought to be infected. The sixteenth century saw the establishment of venereal disease hospitals such as St. Sebastian's in Kraków in 1528 and St. Lazarus, in Warsaw.
During the period of Polish Partition (1795–1918) prostitution flourished openly, whereas previously (Polish-Lithuanian Commonwealth) (1648–1795) it had been confined to brothels and back streets near army garrisons. The official position of the occupying Russian authorities was that prostitution was a "necessary evil" (zło konieczne), and reflected the administration of prostitution in Russia. The administration was the responsibility of the police under the Ministry of the Interior. Local committees made of police and physicians administered the regulations. [2]
Polish garrisons had their own brothels, and as Europe progressively adopted the Napoleonic system of regulation, state-regulated prostitution became established in 1802 (in Prussian and Russian Poland) and in 1859 in Austrian Galicia. In 1843 the Russian governor introduced a tax on brothels and prostitution, and 30 years later created the committees to oversee regulation. The regulations required all women in commercial sex to register and undergo regular gynecological examinations which were recorded in 'passports'. Despite this, there existed an illegal sector of women who chose not to become part of the public register. [3]
As police regulated zoning of brothels away from the public eye, professional prostitutes moved toward working as independents. The regulations were very detailed. The police allowed a premise to open if it was situated at least 315 metres from a church or school, while advertising was prohibited. Other regulations included forbidding a premise to operate under the guise of another institution, such as cafes and billiard room. Portraits of the Royal Family or other state symbols were forbidden, as was hanging out of windows incompletely dressed. Fees varied with the class of institution and proprietors kept three-quarters of the proceeds, for overheads. There was no charge for the treatment of syphilis. The public could inspect the medical records before selecting a worker – but she could refuse a client if he was drunk. Although there were penalties for overworking the women, they were obliged to service 10–12 clients a day. Similar regulations were in effect in the Prussian-occupied territories. The Austro-Hungarian Empire was less centrally controlled than that of Russia and Prussia. On the other hand, women could be transported anywhere in the empire. Under Empress Maria Theresa and the Constitutio criminalis Theresiana , things were less tolerant, and amongst other things the Morals Police were introduced, although ultimately all these measures proved futile. [2]
In parallel, police closed many of the larger brothels due to public pressure. Police had the powers to forcibly register women they suspected, which could simply be women having relationships outside of marriage.
A number of factors contributed to the growth of the sex trade in nineteenth-century Poland, including increasing urbanization, with growing cities and a population shift from the land to the towns and cities. The increasing feminization of poverty was also a contributing factor. So prevalent was paid sex amongst domestic servants, that a 1913 regulation required them to register for medical exams as well. A second class was waitresses, and after 1906, they too were registered.
As the supply increased, so did the demand. 40% of Warsaw university students stated that their first sexual encounter was commercial, and estimates at the time suggested that over 80% of high school and university students bought sex. As throughout history, the military was a major source of demand, and because of concerns about venereal disease, authorities instituted regulations similar to those in the British Empire (Contagious Diseases Acts), requiring any young woman on her own to submit to examination.
A great deal of attention began to be paid to prostitution during this period. This increased attention needs [4] to be interpreted in the light of nineteenth-century European attitudes to prostitution, where it was becoming the subject of almost daily discourse. The second wave of moral panic also swept Poland during the Second Republic (1918–1939). However what was often neglected was that Polish sex workers comprised a potentially upwardly mobile, economically ambitious lower class, that contributed significantly to Polish social and economic life.
Household servants, nursemaids, and wet nurses were among those known to rely on commercial sex to supplement their low wages, while middle-class husbands and their adolescent sons became regular clientele. Unsavoury images of prostitution, such as Jack the Ripper "Kuba rozpruwacz" were imported from abroad.
Physicians sounded the alarm about a rise in syphilis rates, while the Roman Catholic Church, middle-class charities, and Jewish aid agencies set up societies to rescue "fallen women" from the wages of sin. Chastity or "purity" societies, and women's groups organized meetings and conferences. Feminists composed moral treatises and established international organizations to combat the trafficking of women. "White slavery" attracted much media attention as in other countries. However, the bulk of the concern related to the open display of solicitation in public places. Public discourse emphasized not only this deviant behaviour but also the victim role, trapped and in the hands of pimps and traffickers. These stories were mingled with antisemitism, as the perpetrators (like infamous Zvi Migdal) were frequently depicted as Jewish. These scenes also appeared in the literature of the day, such as Bronislaw Szczygielski's A Woman - A Body: The Odyssey of a Fallen Woman (Kobieta-Cialo: Odyseja kobiety upadlej, Warsaw, 1914). [5]
During the First World War, the establishment of brothels on the Russian Front was considered a major strategic initiative, despite protests from Empress Zyta. Naturally separate institutions were required for officers, non-commissioned officers, and privates. [2]
The new Polish authorities were faced with a large number of problems arising from the recently ceased hostilities. One of the first acts of the newly reconstituted nation was the Basic Sanitation Law of July 1919 (Zasadnicza ustawa sanitarna). Under this law, brothels were suppressed on 6 September 1922, while setting up a system of supervision of independent workers. A maximum of two workers were allowed in any house. [2]
The State brought many cases of prosecution against organized prostitution and pimps during this period.
In the aftermath of Second World War, Poland became a communist state, known as the People's Republic of Poland. Prostitution did not exist officially, as it was a maxim of Marxism, that prostitution would disappear in a socialist society with equality of means. [6] Nonetheless, it was widespread.[ citation needed ] People who extorted sex workers were occasionally prosecuted. [7]
The main centres were hotels and restaurants and the main client's foreigners.[ citation needed ] As such prostitution formed an important source of hard currency. [7] Despite this, the Republic's special services were actually running hotel rings. In this way, they could obtain information about foreigners, compromise and extort people.
In the initial years (1945–1948) there was a registration scheme, and special sections were set up to deal with "enemies of morality" (wrogami moralności), but this was abolished when other priorities engaged the State. 1948–1952 saw forced labour camps. Despite continued efforts to eradicate prostitution, many elements of centrally-planned socialism actually contributed to it, such as the 'Great Socialist Construction' (wielkie budowy socjalizmu) which saw the migration of large numbers of men. A memo from the Secretariat of the Party Central Committee (including Bolesław Bierut who was then Secretary-General), dated 23 November 1955, states that in 1949 there were 4,000 sex workers in Poland, in 1954 1,700 and that 6,000 had been arrested. It also refers to the difficulties in the struggle to abolish the practice. It refers to the prewar period when "prostitution not only was not a crime but on the contrary - officially recognized and protected by the state". Data from the Ministry of the Interior, dated 9 February 1957 refer to 1,500 workers in the six major cities.
The period from the 1960s saw a slight ideological "thaw" that culminated in the fall of the Iron Curtain (Żelazna kurtyna) in 1989. Changes in Polish society included increasing tourism and trade with the West, acceptability of foreign currency and expanding hotel business, all factors conducive to the growth of the sex trade. Although liable to a large error margin, estimates of the numbers of sex workers were 7,267 in 1962, and 9,847 in 1969. Sometimes referred to as "Servants of Venus" (Służebnice Wenery), sex workers started to become one of the higher income earning groups. Venues included market towns, port cities, hotels and environs and around railway stations. Well known areas for the less wealthy included the East Side and cafes along Aleje Jerozolimskie as well as the famous Pigalak area in Warsaw.
This period was notable for a criminal case involving the porters at the Hotel Europejski who were living off the trade they supplied. However, these prosecutions were the exception in a trade largely opaque to the authorities and an important part of the economy. A single client could net a sex worker the equivalent of an average monthly wage, and some could make the same as corporate executives. Both workers and clients benefited - for instance, a US10 fee for a "short service" was very affordable for foreign visitors, and only 20% of prices in West Germany.
The martial law (Stan wojenny) period was a difficult time for sex workers but quickly gave way to a more liberal period. However the AIDS epidemic also reduced the demand for paid sex. This was partly offset by the reduction in censorship, allowing newspaper advertising, for instance in Kurier Polski. This period also saw the arrival of escort businesses.
Because of ideological reasons, there was very little research done during this time, other in forensic literature, [8] at least until the 90s. Examples include Pawlik's study of Kraków prostitutes (1991) [9] or that of Jasińska in the Tricity area (Trójmiasto) in 1991. [10]
The collapse of the Soviet regime and the fall of the iron curtain, many aspects of Polish life changed considerably. Escort agencies, erotic massage salons, porn movie theatres and sex shops appeared very soon. Escort agencies are registered businesses, and circumvent laws. (Plywaczewski 2007)
Prostitution is legal, but operating brothels or other forms of pimping or coercive prostitution and prostitution of minors are prohibited, as is living off someone else's prostitution. [11]
Prostitution is present in various forms in the country and a 2007 US State Department report stated that many women who worked as prostitutes were employed in massage parlors and escort services that functioned as brothels, although technically illegal. [12] [13] Prostitution is the only profession in Poland that is not taxed, but prostitutes may be asked by authorities to prove that is what they do, since prostitution is not recognized as legitimate work, and therefore receive no social benefits. [14]
Various attempts have been made to limit overt street prostitution. [15]
The total number of prostitutes in Poland is not known, estimates vary widely and should be interpreted with caution. For instance, the US 2009 Human Rights Report states that: "according to police there were an estimated 3,300 prostitutes in the country; however, NGOs estimated that there were 18,000 to 20,000 women involved in all aspects of the sex industry." [16] The International Encyclopedia of Sexuality writes that "the police estimate that there are about 12,000 prostitutes working in Poland." [17]
The 2009 TAMPEP study found only 33% of prostitutes are migrant workers in Poland, compared to a European average of 47-50%, with only a slight increase since 2006. Poland ranks 8th amongst countries of origin, constituting 4% of the migrant sex worker population in Europe, a percentage that has been declining. Migratory trends in Poland are changing. Poland has become a transit country for sex workers from Romania and Bulgaria, while the biggest group of sex workers in Poland is from Ukraine. The number and proportion of migrant sex workers vary by region. Poland is still primarily a country of origin. [18]
There are women from countries such as Ukraine and Belarus, who sell sex in Poland, but their numbers are uncertain. CATW cites the Polish Deputy Interior Minister in stating a figure of at least 3,500 Bulgarian women working in prostitution in Poland and another 1,000 or more from Ukraine and Belarus. [19] [ better source needed ]
A 2009 TAMPEP report [18] states that 66% of prostitutes in Poland are nationals and the rest are migrants, of which 91% come from Eastern Europe, mainly Ukraine, Russia and Belarus. The same study also states that Poland distinguishes itself among the countries studied in that report by its high prevalence of male prostitution, with 15% of prostitutes being said to be male, more than double the European average of 7% (the study states that "Austria, Finland, Denmark, Estonia and Lithuania report almost exclusively female sex workers, while Poland reports that 15% of its sex worker population is male").
A 2009 news report suggested that this is increasing according to Poland's Children Ombudsman's Office. [20]
Poland is a source, transit, and destination country for women and children subjected to sex trafficking. Women and children from Poland are subjected to sex trafficking within the country and also in other European countries. Women and children from Eastern Europe, particularly Bulgaria, Romania, and Ukraine, are subjected to sex trafficking in Poland. [21]
According to CATW, an anti-trafficking activist group, human trafficking is a problem in Poland, citing the Polish Deputy Interior Minister. They state that Poland is a destination country for women trafficked from Bulgaria and a transit country for women from Ukraine, Lithuania and Belarus. [22]
The US Trafficking in Persons Report 2010 states that "during the reporting period, the government identified at least 206 victims of trafficking – including 123 children in prostitution – compared with 315 victims identified by NGOs and government authorities in 2008". [23] In 2016, The National Intervention-Consultation Center for Victims of Trafficking (KCIK) provided assistance to 55 potential victims of sexual exploitation. [21]
The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Poland as a 'Tier 1' country. [21]
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.
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.
Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.
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.
Prostitution in Greece is legal at the age of 18, and regulated. It is estimated that fewer than 1,000 women are legally employed as prostitutes and approximately 20,000 women, half of whom are of foreign origin and the other half are Greek, are engaged in illegal prostitution. Many women affected by the economic crisis have turned to prostitution through poverty.
Prostitution in Spain is not addressed by any specific law, but a number of activities related to it, such as pimping, are illegal. In 2016, UNAIDS estimated there to be 70,268 prostitutes in the country, although other estimates put the number higher. Most prostitutes in the country are immigrants. The sex industry in Spain is estimated to be worth €3.7 billion.
Prostitution in Mexico is legal under Federal Law. Each of the 31 states enacts its own prostitution laws and policies. Thirteen of the states of Mexico allow and regulate prostitution. Prostitution involving minors under 18 is illegal. Some Mexican cities have enacted "tolerance zones" which allow regulated prostitution and function as red-light districts. In Tuxtla Gutiérrez, capital of the state of Chiapas, there is a state-run brothel at the Zona Galáctica(Galactic Zone). In most parts of the country, pimping is illegal, although pimp-worker relationships still occur, sometimes under female pimps called "madrotas"("Big Mothers"). The government provides shelter for former prostitutes.
Prostitution in Latvia is legal and regulated. The country is a destination for sex tourism.
Prostitution in Estonia is legal in itself, but organized prostitution is illegal. Since prostitution is a sensitive indicator that develops with changes in the social environment and the state, it is useful to divide the history of this phenomenon from Estonia's first independence according to the different historical stages of the country.
Prostitution in Argentina is legal under Federal law. Article 19 of the constitution states: "The private actions of people that do not offend in any way the public order and morality, nor damage a third person, are only reserved to God, and are exempt from the authority of the magistrates." Organised prostitution is illegal. In addition, individual provinces may place further restriction on the trade. For example, in San Juan, publicly offering sex services for money is punishable by up to 20 days in jail. In 2012, newspapers were banned from carrying classified-ads offering sexual services. UNAIDS estimated there to be about 75,000 prostitutes in the country in 2016.
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 the field is usually called a prostitute or sex worker, but other words, such as hooker, putana, or whore, are sometimes used pejoratively to refer to those who work as prostitutes.
Prostitution in Portugal is legal, but it is illegal for a third party to profit from, promote, encourage or facilitate the prostitution of another. Consequently, organized prostitution is prohibited.
Prostitution in Indonesia is legally considered a "crime against decency/morality", although it is widely practiced, tolerated and even regulated in some areas. Some women are financially motivated to become prostitutes, while others may be forced by friends, relatives or strangers. Traditionally, they have met with customers in entertainment venues or special prostitution complexes, or lokalisasi (localization). However, recently internet forums and Facebook have been used to facilitate prostitute-client relations. In recent years, child sex tourism has become an issue at the resort islands of Batam and Bali.
The legality of prostitution in Europe varies by country.
Prostitution in Croatia is illegal but common. Forcible prostitution, any kind of brothels, or procuring are treated as a felony, while voluntary prostitution is considered to be infraction against public order. Like in many other Southeast European countries, the problem of human trafficking for the purposes of sex is big in Croatia.
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.
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 Alfonse pogrom was a three-day riot in Warsaw, Poland. The violence led to the destruction of several dozen brothels, and to as many as 15 deaths. Accounts and analyses of the event differ with regard to its goals and participants.