Sex Work Regulations in Germany

Translation

Prostitutes Protection Act: Federal Statistical Office Releases 2018 Data

Tweet by Deutsche Aidshilfe of May 16, 2019

Tweet not included in original text. See note below.

Roughly 32,800 prostitutes registered with authorities at the end of 2018

At the end of 2018, roughly 32,800 prostitutes* were validly registered with the authorities in accordance with the Prostitutes Protection Law (ProstSchG). As the Federal Statistical Office (Destatis) further reports, 1,600 prostitution businesses had been granted permits or provisional permits under the law, which entered into force on July 1, 2017. These results are partly based on administrative structures that are still being set up. This limits the data’s informational value.

Nearly one fifth of all registered prostitutes possess German citizenship

Of the 32,800 registered prostitutes, 25,000 (76%) were 21 to 44 years old. 5,700 (17%) were aged 45 or older, and 2,000 (6%) were between 18 and 20 years old. 6,200 prostitutes (19%) possessed German citizenship. The three most common foreign nationalities of the prostitutes were Romanian with 11,400 (35% of all registered prostitutes), Bulgarian with 3,200 (10%) and Hungarian with 2,400 (7%).

Prostitutes with valid registrations 2018 (Source Destatis)

By the end of 2018, 1,600 prostitution businesses were in operation with permits or provisional permits under the ProstSchG. 1,530 (96%) of the registered prostitution businesses were prostitution sites (Prostitutionsstätten, e.g. brothels). Prostitution agencies, vehicles and events accounted for a combined number of 70 permits (4%).

Notes on the data’s informational value – Administrative structures partly still being set up

The data under the ProstSchG is based on information of the relevant authorities and related administrative procedures. Under the law, prostitutes are subject to mandatory registration and prostitution businesses to statutory permission requirements. This statistic was first compiled in 2017. However, in some counties or municipalities, it was not yet possible to register as being engaged in prostitution or obtain a permit for a prostitution business on the reference day of December 31, 2017. Thus, 7,000 prostitutes nationwide had validly registered with the authorities by the end of 2017. The number of prostitution businesses holding a permit was 1,350. The reporting year 2018 marked the first year during which administrative procedures of all federal states were recorded. Nevertheless, at the end of 2018, the statistic is partly based on administrative structures that are still being set up. This limits the data’s informational value. Since the statistic represents administrative procedures pursuant to the ProstSchG, even subsequent data collections cannot include any information about businesses or prostitutes operating without registrations.


Source: Federal Statistical Office (Destatis) “Press Release No. 451 of November 26, 2019”
German version | Abridged English version

Translation by Matthias Lehmann, co-founder of SWAT – Sex Workers + Allies Translate.

SWAT Logo © Helen Chan for SWAT

“The aim of SWAT is not only to provide sex workers and allies with a network to enable sex work knowledge sharing across as cultural and language barriers, but also to reward contributors for their work whenever possible.”

Please click here for information about SWAT in 18 languages. Please contact SWAT via email if you would like to contribute your skills. You are also invited to join the SWAT Facebook group.

Every effort has been made to translate this press release verbatim. Therefore, the above text uses the term “prostitute” instead of “sex worker.” The tweet by the German AIDS Service Organisation (Deutsche Aidshilfe) did not appear in the original text. It refers to a report from May 2019 [German version] by the Ministry for Regional Identity, Communities and Local Government, Building and Gender Equality of North Rhine-Westphalia, Germany’s most populous state, where less than a quarter of the estimated number of sex workers have registered.

According to the report, “It is to be feared that many prostitutes have retreated into the dark field of prostitution, where they are difficult to reach for authorities and counseling institutions. … There are reasonable doubts as to whether the law, in practice, can ever live up to its original idea of protection.” In its conclusion, the state’s government admit, “There is now a greater risk of slipping into poverty or illegality, losing a job and/or having personal data protection issues. The goal of protecting all sex workers from exploitative structures was not achieved by the introduction of the ProstSchG.”

This translation is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.


Prostitutes Protection Act: Conservatives Fully Achieved Their Objectives

Photo by Abigail Lynn on Unsplash (royalty-free image, please credit her when using this image)

Photo by Abigail Lynn on Unsplash

Haga clic aquí para una traducción al español de este artículo.

ProstSchG well on its way to achieve Conservatives’ goals

A flurry of recent media reports have suggested the Prostitutes Protection Act (herafter ProstSchG) had failed to achieve its stated goals and would not sufficiently protect people engaged in prostitution.

Voice4Sexworkers, a project by and for sex workers, firmly rejects that notion:

The ProstSchG is well on its way to achieve all of the federal government’s desired goals and effects, especially those of the conservative parties [Angela Merkel’s Christian Democratic Union (CDU) and the Christian Social Union (CSU) in Bavaria, together known as die Union]. It may have taken a while, but now, around two years after the ProstSchG went into effect on July 1, 2017, it has become increasingly apparent that the law’s consequences, which we expected and predicted, have materialized up and down the country.

As interior minister Horst Seehofer (CSU) aptly noted on June 6, 2019, when speaking about the legislative process in Germany:

“The law is called the Data Exchange Act. Introduced completely quietly. Quietly, probably because it’s complicated, so it didn’t attract as much attention. Over the last 15 months, I’ve made the experience that you have to make laws complicated, then [laughs] they don’t attract so much attention. We’re not doing anything illegal, we’re doing what’s necessary. But even necessary things are often illegitimately called into question.”

While the subject here was the Data Exchange Act, the same tactic was already employed when the ProstSchG was adopted.

Almost as an aside, the law undermined Germany’s Basic Law [Grundgesetz, GG]. Article 13 GG, which grants the inviolability of one’s home? No longer applies to sex workers. Occupational freedom? That, too, is being undermined through the registration procedures forced upon sex workers. Naturally, the law does not spell that out. That would have been too simple, and then there might have been louder protests against it. (See also: “Prostitutes Protection Law violates fundamental rights”; click here to read the article with Google Translate.)

Instead, the plan was hatched to call the measure “Law on the Regulation of Prostitution and the Protection of Persons Working in Prostitution”, in short, Prostitutes Protection Act. Such things always earn wide acceptance in the society. There is a widespread misconception, however, that the “protection of persons working in prostitution” is meant to do just that: provide sex workers with protection. On the contrary, if one scrutinises the law, one quickly realises that the law aims to protect people from themselves and from prostitution, just like sunscreen does not protect the sun but those using it from the effects of sunlight exposure.

In the context of the ProstSchG, the above-cited quote by Horst Seehofer fits yet again, as the ProstSchG, in a roundabout way, is also supposed to help curb migration. It was clear from the outset that the law would be particularly problematic for people from countries where prostitution is illegal, such as Bulgaria or Romania. If they register as sex workers in Germany, they risk receiving mail in their countries of origin, despite the promised option to have any related mail delivered to a different mailing address. (See for instance, “Prostitutes Protection Act: Between Aspiration and Reality” by the German AIDS Service Organisation; click here to read the article with Google Translate.)

Tax offices flout this provision knowingly and deliberately, and in doing so, they greatly endanger the lives of sex workers in their countries of origin. Protection? Nil. Did lawmakers heed the advice of experts? They did indeed, though not in the way those experts intended. Instead, their expertise and reasoning were turned on their head, making it easy to create regulations that would hit sex workers as hard as possible. Without further ado, the list of measures fundamentally rejected by the called-upon experts was converted into the government’s wish list.

[Irony on] Sex workers require anonymity to protect themselves? Let’s do the opposite and write mandatory registrations into the law. [Irony off]

ProstSchG is intended to deter, not protect

The entire construct of the ProstSchG is intended to deter people from entering prostitution and render sex work impossible in most places. Mandatory registrations at public authorities are nothing short of forced outings in front of strangers. In some places, for instance in the city of Gießen, the government even tasked private organisations with carrying out this measure. (See also: “Sex worker files suit at administrative court against implementation of Prostitutes Protection Act through the city of Gießen”; click here to read the article with Google Translate.)

Such practices reinforce the stigma sex workers are exposed to on a daily basis. Politicians cannot pretend they were unaware that many sex workers would opt to circumvent the mandatory registration procedure and instead, out of necessity, work underground and, thus, illegally. All experts, including representatives of trade associations and counselling centres as well as sex workers themselves, had explicitly warned them this would happen and called for other, better measures, e.g. expanding the offer of counselling centres, funds for job retraining for people in sex work, the full decriminalisation of sex work, the abolition of all measures fuelling the stigma attached to sex work, and many others.

With those measures, however, the federal government would not have achieved their actual goal to quietly abolish prostitution under the guise of helping people in prostitution.

Two years after the adoption of the new law, news articles about the demise of brothels and vacancies in prostitution businesses appear almost on a daily basis, as officially registered sex workers are few and far between. The majority of good and safe work places are fast disappearing, be it due to requirements set out in the ProstSchG or the law’s effects, e.g. sex workers being unable or unwilling to obtain a “Whore ID” in order to avoid being outed. In addition, the ProstSchG dictates that sex workers are no longer permitted to stay overnight at brothels, walk-in brothels (Laufhäuser) and other prostitution businesses. This requires sex workers to earn more money to cover the added daily expenses for a separate bedroom [offered by some prostitution businesses] or hotel room. As a result, many decide to work illegally, either independently or in unlicensed prostitution businesses.

Many sex workers have disappeared from the public sphere for fear of attracting attention and facing an inspection. Consequently, sex workers spent less time on solicitation via internet or phone, which puts them at greater risk as they can no longer screen their clients to the extent necessary.

Sex workers, who were previously able to share apartments where they could both live and work, are now forced to work alone. This results in higher costs (for rent, utilities, advertising, etc., which they were able to share) that most cannot afford on their own. And the protection through their colleagues is, of course, also gone. Where previously sex workers could provide protection to one another, those working in apartments are now forced to work alone. The result: over the last two years, the large majority of those work places has also disappeared.

All this has been confirmed by the recently published “Evaluation of the Prostitutes Protection Act in North Rhine-Westphalia”. (See also: “Ineffective protection of prostitutes: Sex workers pushed underground”; click here to read the article with Google Translate and select “Schon dabei” on the pop-up window.)

Zwangsregistrierung - Nicht mit uns! Sex worker protest in Berlin against the ProstSchG © 2015 Emy Fem

“Forced registration – Not with us!” Sex workers and allies demonstrate against the ProstSchG in front of the Federal Ministry for Family Affairs in Berlin © Emy Fem

Even the counselling centres are hit hard by the ProstSchG, jeopardising years of their work and efforts to build trusting relationships with sex workers. In 2018, Madonna e.V. [a member of the Global Network of Sex Work Projects (NSWP) and the only sex worker self-help project in North Rhine-Westphalia] received significantly less funding from the provincial government. Funding for the widely acclaimed Lola app [offering advice for sex workers in Bulgarian, English, German, Romanian and Turkish] was also reduced. Needless to say, the aforementioned evaluation report conveniently omitted this. (Honi soit qui mal y pense.) Urgently needed counselling positions had to be cut, as funds are no longer sufficient. This is especially worrisome considering that independent and anonymous counselling for people engaging in sex work is immensely important.

In this context, it should be noted here that the Kober counselling centre, which authored the report “Changes and Effects of the ProstSchG on the Prostitution Scene in North Rhine-Westphalia”, which is attached to the aforementioned evaluation report, did receive funds and support from the provincial government. Thus, one can hardly speak of “independent research,” and the report does neither satisfy academic standards nor does it provide answers for the many questions it poses. (Listen to the commentary by cultural scientist Mithu Sanyal; German only.)

Whoever still believes that the Prostitutes Protection Act was intended to protect sex workers also believes that woodchucks chuck wood.


Translation by Matthias Lehmann, co-founder of SWAT – Sex Workers + Allies Translate.

SWAT Logo © Helen Chan for SWAT

“The aim of SWAT is not only to provide sex workers and allies with a network to enable sex work knowledge sharing across as cultural and language barriers, but also to reward contributors for their work whenever possible.”

Please click here for information about SWAT in 18 languages. Please contact SWAT via email if you would like to contribute your skills. You are also invited to join the SWAT Facebook group.

Every effort has been made to translate this article verbatim. The photo and tweet above as well as some of the links did not appear in the original article. The German original of this article was first published as “Prostituiertenschutzgesetz: Ziele der Union voll erreicht” by Voice4Sexworkers (June 8th, 2019). This translation is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

 


Violencia sexual y prostitución: el problema es la imagen que tenéis de nosotras

It's not my occupation that's the problem but your bourgeois morality. Matt Lemon Photography. All Rights Reserved.

“El problema no es mi ocupación sino vuestra moralidad burguesa.“
© Matt Lemon Photography. Todos los derechos reservados. All Rights Reserved.

Por Marleen Laverte1

El acoso sexual ocurre en la prostitución como ocurre en cualquier otro trabajo. Se necesitan soluciones que no penalicen a todos los clientes.

“¡Si alguien te agarra, quítale la mano inmediatamente y deja claro que no debe tocarte sin pagar!”. Ese fue uno de los primeros consejos que recibí de una compañera trabajadora sexual. Era en 2011, cuando comencé a hacer negocios en Café Pssst !, un bar con habitaciones en la parte trasera. Tanteaba clientes potenciales mientras coqueteaba con ellos; hombres de la clase del que le ponía la mano en el trasero o en el pecho a una mujer, pero que al final no iba a las habitaciones de atrás con ella. Tenían que ir al banco primero para retirar efectivo, decían, y luego simplemente no regresaban, como era de esperar.

En términos generales, nuestros clientes saben muy bien cómo comportarse y nos tratan con respeto; después de todo, son hijos, parejas o padres, no monstruos sin empatía. Sin embargo, al igual que en la gastronomía, el riesgo de encontrarse con un cliente ocasional que te agarre sin tu consentimiento es relativamente alto. O que robe tu tiempo, es decir, tu dinero.

En la mayoría de los burdeles, las prostitutas nos advertimos mutuamente sobre tales clientes transgresores. Intercambiamos información sobre qué observar o qué tipo de clientes es mejor rechazar, si ya te has hartado de su actitud. En algunos de los portales de internet, nos advertimos unas a otras de los clientes que actuaron de forma violenta o inapropiada.

Las redes de trabajadoras sexuales en países de habla inglesa manejan sus propias bases de datos, los llamados “esquemas de Ugly Mugs”, para librar a las compañeras trabajadoras sexuales de tener la misma mala experiencia con un cliente que tuvieron otras, desde transgresiones hasta violencia. Para el área de habla alemana, obtuvimos un “Client-Knigge” [manual de etiqueta] en el que los clientes pueden leer en frío lo que es y lo que no es aceptable.

A pesar de toda la competencia, las putas generalmente nos apoyamos mutuamente cuando se trata de compartir la mejor forma de lidiar con esas raras “ovejas negras”. Proyectos del movimiento por los derechos de las trabajadoras sexuales (como Hydra, Trans*Sexworks o profiS by move e.V.) empoderan a las trabajadoras sexuales para que se levanten contra la violencia y procesen mejor sus experiencias.

Expectativas de rol contradictorias

Aunque es obvio, permítanme aclarar una cosa: ¡un solo cliente transgresivo o violento ya es demasiado! Encuentros con esos clientes son los que ocupan nuestras mentes por un período de tiempo más largo. Para digerirlos, reflexionamos sobre esas experiencias una y otra vez.

Los estereotipos dominantes sobre las prostitutas, que también influyen en nuestro propio pensamiento, dificultan el trazar una línea cuando se trata de transgresiones o conductas violentas: algunos dicen que como “mujeres caídas” no tenemos que culpar a nadie más que a nosotras mismas y debemos considerar esas experiencias como riesgo laboral.

También están aquellos que creen que las prostitutas no pueden ser violadas, ya que aparentemente estamos listas para acostarnos con cualquier persona en cualquier momento. Otros a su vez creen exactamente lo contrario: que cualquier sexo con clientes es violación.

Incluso si no necesitas procesar ninguna grosería, estas expectativas de rol contradictorias pueden desestabilizarte sutilmente sobre qué punto de vista adoptar. Y, sin embargo, no somos “mujeres caídas” ni somos incapaces de expresar o negar el consentimiento, ni todos nuestros clientes son agresores.

La variedad de violencia perpetrada por los clientes es amplia y diversa. En el peor de los casos, incluye asesinatos, y los asesinos en serie — no solo en EE. UU.— la mayoría de las veces eligen prostitutas como sus víctimas, ya que razonablemente pueden esperar que las investigaciones policiales sobre asesinatos de trabajadoras sexuales se lleven a cabo con menos rigor. Además, debido al estigma asociado al trabajo sexual y el miedo a la policía, las trabajadoras sexuales apenas denuncian incidentes. No lo hacen en Alemania, y ciertamente tampoco en países que penalizan a los clientes.

La policía no es inocente

Y, sin embargo, informes recientes de compañeras trabajadoras sexuales de Francia [e Irlanda] han demostrado que desde que se adoptó la penalización de clientes, son especialmente los clientes respetuosos los que se mantienen alejados, mientras que los brutales aceptan fácilmente el pequeño riesgo de ser atrapados. A su vez, la disminución de clientes significa que les guste o no, las trabajadoras sexuales tienen que aceptar clientes significativamente más violentos si quieren evitar caer en la pobreza, ya que las alternativas de trabajo adecuadas son pocas y distantes.

No debería ser una sorpresa que la combinación de diferentes formas de discriminación —tener una identidad trans *, un conocimiento pobre del idioma alemán, ser negra o de color, ser romaní o de otro origen étnico— también aumente el nivel de violencia que experimentan las personas en el trabajo sexual.

Además de la violencia de los clientes, uno no debe ignorar la enorme cantidad de violencia perpetrada por los agentes de policía en todo el mundo. Muy a menudo, los perpetradores se esconden entre las mismas personas de quienes los políticos y los activistas contra la prostitución esperan que nos protejan. En Alemania, los casos de sexo extorsionado (“hazme una mamada y luego te dejaré ir”) quizás no sean tan altos como en otros lugares, pero la policía alemana tampoco es inocente. Compañeras trabajadoras sexuales han informado sobre violencia psicológica, por ejemplo, mediante salidas forzadas del coche durante los controles de licencia de conducir, comentarios sexualizados durante las redadas, ficciones de hacerse pasar por clientes, o preguntas transgresoras y condescendientes cuando se intenta presentar una denuncia.

La exclusión social, especialmente los intentos de librar a las ciudades del trabajo sexual callejero, ha llevado a la adopción de leyes cuyo único propósito es desplazar o encarcelar a las prostitutas. Cuando se prohibe iniciar contacto con clientes potenciales , como sucedió en el barrio St. Georg de Hamburgo; cuando las trabajadoras sexuales regresan a las zonas fuera de límite [Sperrbezirke] para ganar dinero suficiente para pagar las multas que se les imponen y son atrapadas repetidamente hasta que la falta administrativa inicial se convierte en un delito penal; cuando una docena de trabajadoras sexuales van a parar a la cárcel como resultado de todo eso, entonces considero que existe una privación de la libertad de las prostitutas por parte de las autoridades legislativas y ejecutivas.

Indiscriminadamente encasilladas como víctimas

Nuestras fronteras merecen el mismo respeto que las de los demás. Llegar a darse cuenta de algo tan obvio puede ser difícil a veces en una sociedad que nos segrega y nos encasilla de forma indiscriminada como víctimas.

A las trabajadoras sexuales se nos está robando la oportunidad de dirigir un debate público diferenciado sobre la violencia en la prostitución. ¿Cómo tratar el hecho de que eliges esta ocupación después de una cuidadosa consideración, sabiendo mucho acerca de los posibles peligros? ¿A quién tomas como un modelo a seguir? ¿Cómo lidias con la violencia, sin infravalorarla y sin generalizarla?

Se necesitan soluciones que no penalicen a todos los clientes. Existe una falta de comprensión de que, ante todo, son los prejuicios sociales sobre la prostitución los que nos dificultan protegernos a nosotras mismas. Eso es porque esos prejuicios bajan el umbral para usar la violencia contra nosotras: entre los clientes, entre la policía, entre todos. Desearía que se escuchara a las trabajadoras sexuales y que se nos consultara acerca de qué medidas consideramos útiles para prevenir la violencia y cuáles no recomendamos.

Incluso si ello puede ser incómodo para muchas personas: las campañas públicamente visibles que representan a nuestros clientes y a nosotras mismas como personas respetables serían más efectivas que los registros forzosos.2 Porque el problema no somos nosotras, sino los prejuicios que tenéis contra nosotras.



La autora es trabajadora sexual y escribió aquí bajo su seudónimo.

La “Ley de Protección de Prostitutas”, que entró en vigencia en Alemania el 1 de julio de 2017, introdujo el registro obligatorio de trabajadoras sexuales, así como sesiones obligatorias de consejería en salud y la posibilidad de emitir órdenes administrativas contra ellas. Para más información, remítase al Informe del Comité Internacional sobre los Derechos del Trabajador Sexual en Europa (ICRSE), titulado “Protección profesada, disposiciones sin sentido – Descripción general de la Ley alemana de protección de las prostitutas (Prostituiertenschutzgesetz – ProstSchG)”. Los lectores interesados ​​también pueden referirse al Informe Comunitario de ICRSE “Explotación: disposiciones laborales injustas y condiciones de trabajo precarias en la industria del sexo”.


Muchas gracias a Citerea Anadiomena para la traducción en español. Publicado con el permiso de usar. Visita el blog El Estante De La Citi para obtener más textos en español. Traducción original del alemán al inglés por Matthias Lehmann, cofundador de SWAT – Trabajadores sexuales y sus amigos traducen, editar, y diseño.

SWAT Logo © Helen Chan for SWAT

“El objetivo de SWAT no es solo proporcionar a las trabajadoras sexuales y aliados una red para permitir el intercambio de conocimientos sobre trabajo sexual a través de barreras culturales y de idioma, sino también recompensar a los contribuyentes por su trabajo siempre que sea posible.”

Haga clic aquí para obtener información sobre SWAT en 18 idiomas. Póngase en contacto con SWAT por correo electrónico si desea contribuir con sus habilidades. También le invitamos a unirte al grupo SWAT de Facebook.

El traductor desea agradecer a Marleen Laverte por sus comentarios sobre el primer borrador de esta traducción. Se han hecho todos los esfuerzos para traducir este artículo palabra por palabra. La foto y el video de arriba, así como la segunda nota al pie no aparecieron en el artículo original.

El original en alemán de este artículo se publicó por primera vez como “Sexuelle Gewalt und Prostitution: Das Problem ist euer Bild von uns” por die tageszeitung (20 de noviembre de 2017). Tenga en cuenta que el copyright de este artículo corresponde a Die Tageszeitung y no está licenciado bajo una licencia de Creative Commons.

The translator would like to thank Marleen Laverte for her comments on the first draft of this translation. Every effort has been made to translate this article verbatim. The photo and video above as well as the second footnote did not appear in the original article. 

The German original of this article was first published as “Sexuelle Gewalt und Prostitution: Das Problem ist euer Bild von uns” at die tageszeitung (November 20th, 2017). Please note that the copyright for this article lies with die tageszeitung and is not licensed under a Creative Commons (Comunes Creativos) License.


Sexual violence and prostitution: The problem is your image of us

It's not my occupation that's the problem but your bourgeois morality. Matt Lemon Photography. All Rights Reserved.

“It’s not my occupation that’s the problem but your bourgeois morality.“
© Matt Lemon Photography. All Rights Reserved.

By Marleen Laverte1

Sexual harassment happens in prostitution as it does in any other job. Solutions are needed that do not criminalise all clients.

“If somebody grabs at you, take his hand away immediately and make it clear that he mustn’t touch you without paying!” That was one of the first tips I got from a fellow sex worker. Back then, in 2011, when I began doing business at Café Pssst!, a bar with back rooms. I sounded out potential clients while flirting with them – the kind who put their hand on a woman’s ass or breast but eventually would not go to one of the back rooms with them. They had to go to the bank first to withdraw cash, they would say, and then simply did not return, as expected.

Generally speaking, our clients know very well how to behave and treat us respectfully – after all, they are sons, partners or fathers, not monsters devoid of empathy. As in the gastronomy, however, the risk of encountering the occasional client who will grab at you without your consent is relatively high. Or steal your time, i.e. money.

In most brothels, prostitutes warn each other of such transgressive clients. We swap information about what to watch out for or what kind of clients to better reject, if you had enough of their attitude. At some of the online portals, we warn each other of clients who acted violently or inappropriately.

Sex worker networks in English-speaking countries run their own databases, so-called Ugly Mugs schemes, to save fellow sex workers from having the same bad experience with a client that they made, from transgressions to violence. For the German-speaking area, we got a “Client-Knigge” [etiquette manual] where clients can read in cold print what is and is not acceptable.

Despite all competition, whores generally support one another when it comes to sharing how to best deal with those rare “black sheep”. Peer projects of the sex workers’ rights movement – like Hydra, Trans*Sexworks or profiS by move e.V. – empower sex workers to stand up against violence and process their experiences better.

Contradictory role expectations

Although it is obvious, let me make one thing clear: each transgressive or violent client is one too many! Encounters with those clients are the ones that occupy our minds for a longer period of time. To digest them, we reflect on those experiences time and time again.

The dominant stereotypes about prostitutes, which also influence our own thinking, make it difficult where to draw the line when it comes to transgressions or violent behaviour: some say that as “fallen women” we have no one but ourselves to blame and consider those experiences as occupational hazard.

Then there are also those who believe that prostitutes cannot be raped since we are apparently ready to go to bed with anyone at any time. Others again believe the exact opposite: that any and all sex with clients is rape.

Even if you do not need to process any rudeness, these contradictory role expectations can subtly unsettle you about which point of view to adopt. And yet, we are neither “fallen” nor incapable of expressing or withholding consent, nor are all our clients perpetrators.

The range of violence perpetrated by clients is wide and diverse. At worst, it includes murder, and serial killers – not just in the US – more often than not choose prostitutes as their victims since they can reasonably expect that police investigations into murders of sex workers will be conducted less rigorously. Besides, due to the stigma attached to sex work and fear of the police, sex workers hardly report incidents. Not in Germany, and certainly not in countries that criminalise clients. 

The police are not innocent

And yet, recent reports by fellow sex workers from France [and Ireland] have shown that ever since the criminalisation of clients was adopted, it is especially the respectful clients who stay away, whereas the brutal ones readily accept the small risk of getting caught. In turn, the decrease of clients means that whether they like it or not, sex workers have to accept significantly more violent clients if they want to avoid falling into poverty as adequate job alternatives are few and far between.

It should not come as a surprise that the combination of different forms of discrimination – having a trans* identity, poor knowledge of the German language, being Black or of colour, being of Romni or another ethnic background – increases the level of violence people experience in sex work, too.

Besides violence by clients, one must not ignore the enormous amount of violence perpetrated by police officers around the world. More often than not, perpetrators hide among the very people of whom politicians and anti-prostitution activists expect to protect us. In Germany, cases of extorted sex (“give me a blow job then I’ll let you go”) are perhaps not as high as elsewhere but the German police is not innocent either. Fellow sex workers have reported of psychological violence, e.g. through forced outing during driver’s license checks, sexualised remarks during raids, pretending to be clients, or being asked transgressive and patronising questions when trying to file a complaint.

Social exclusion, especially the attempts to rid cities of street-based sex work, has led to the adoption of laws whose sole purpose is to displace or jail prostitutes. When initiating contact with potential clients gets outlawed, as has happened in Hamburg’s St. Georg Quarter; when sex workers return to off-limit zones [Sperrbezirke] in order to make enough money to pay fines levied against them and are repeatedly caught until the initial administrative offence is converted into a criminal offence; when a dozen sex workers sits in jail as a result of all that – then I consider that a deprivation of prostitutes’ liberty by legislative and executive authorities

Sweepingly pigeonholed as victims

Our boundaries deserve the same respect as everyone else’s. Arriving at this self-evident realisation can be hard sometimes in a society that segregates and sweepingly pigeonholes us as victims.

Sex workers are robbed of the opportunity to lead a differentiated public debate about violence in prostitution. How do you deal with the fact that you chose this occupation after careful consideration, knowing full well about the potential dangers? Who do you take as a role model? How do you deal with violence, without playing it down and without generalising it?

Solutions are needed that do not criminalise all clients. There is a lack of understanding that first and foremost, it is social prejudices about prostitution that render it difficult for us to protect ourselves. That is because they lower the threshold to use violence against us – among clients, among the police, among everyone. I wished that sex workers would be listened to, and that we would be consulted about which measures we consider useful to prevent violence, and which we do not recommend.

Even if may be uncomfortable for many people: publicly visible campaigns representing our clients and us as respectable people would be more effective than forced registrations.2 Because we are not the problem but the prejudices you have against us.



The author is a sex worker and wrote here under her pseudonym.

The “Prostitutes Protection Act”, which came into effect on July 1, 2017, introduced the mandatory registration of sex workers as well as mandatory health counselling sessions and the possibility of issuing administrative orders against them. For further information, please refer to the Briefing Paper by the International Committee on the Rights of Sex Workers in Europe (ICRSE), titled “Professed Protection, Pointless Provisions – Overview of the German Prostitutes Protection Act (Prostituiertenschutzgesetz – ProstSchG)”. Interested readers may also refer to ICRSE’s Community Report “Exploitation: Unfair labour arrangements and precarious working conditions in the sex industry”.


Translation by Matthias Lehmann, co-founder of SWAT –  Sex Workers + Allies Translate.

SWAT Logo © Helen Chan for SWAT

“The aim of SWAT is not only to provide sex workers and allies with a network to enable sex work knowledge sharing across as cultural and language barriers, but also to reward contributors for their work whenever possible.”

Please click here for information about SWAT in 18 languages. Please contact SWAT via email if you would like to contribute your skills. You are also invited to join the SWAT Facebook group.

The translator would like to thank Marleen Laverte for her comments on the first draft of this translation. Every effort has been made to translate this article verbatim. The photo and video above as well as the second footnote did not appear in the original article. 

The German original of this article was first published as “Sexuelle Gewalt und Prostitution: Das Problem ist euer Bild von uns” at die tageszeitung (November 20th, 2017). Please note that the copyright for this article lies with die tageszeitung and is not licensed under a Creative Commons License.


Nueva Ley de Prostitución en Alemania: una ley especial impracticable y discriminatoria | Declaración de Voice4Sexworkers (Voz para trabajadores sexuales)

Mock Whore ID at sex worker protest in Berlin © 2016 Friederike Strack. All Rights Reserved.

Foto: Parodia del registro de prostitutas en una protesta de trabajadoras sexuales en Berlín © 2016 Friederike Strack. Todos los derechos reservados.

En el día de hoy, la ministra de Salud de Rhin Norte-Westfalia, Barbara Steffens, y la presidenta de la Mesa Redonda sobre la Prostitución de Rhin Norte-Westfalia, Claudia Zimmermann-Schwartz, dieron una conferencia de prensa acerca de la planeada Ley de Protección de Prostitutas, de la que dijeron que llevará aún más a las trabajadoras sexuales a la ilegalidad, en lugar de protegerlas. Como parte del comunicado de prensa, se presentaron las declaraciones de dos trabajadoras sexuales que participaron en la Mesa Redonda. Lo que sigue es la declaración ampliada de una de ellas, traducida del original en alemán publicado por Voice4Sexworkers. Hacer clic, por favor, aquí para ver el comunicado de prensa emitido por el Ministerio de Salud, Igualdad, Servicios Sociales y Personas Mayores en Rhin Norte-Westfalia. Este recurso está en alemán.

Declaración de Melanie, participante en la Mesa Redonda sobre Prostitución

Soy madre soltera de dos hijos y he estado trabajando como trabajadora sexual durante los pasados diez años. Nunca he conseguido ganarme totalmente la vida con el trabajo sexual, pero no quise volver a recibir ayuda social o vivienda protegida. Por esta razón, los ingresos adicionales provenientes del trabajo sexual han sido siempre bien recibidos y me han permitido proporcionar a mis niños vidas normales libres de exclusiòn social.

El principio más importante —y esto es exactamente en lo que no se basa el proyecto de ley sobre nosotras— es que la prostitución tiene que ser despenalizada antes de ponerse a regularla. Esto significa que el trabajo sexual no debe ser regido por el código penal. El año pasado, Amnistía Internacional llegó a la misma conclusión tras llevar a cabo durante dos años un amplio estudio en el que entrevistaron a trabajadoras sexuales, en particular en los países en los que el trabajo sexual está intensamente regulado o incluso prohibido. Un informe de la ONU de 2012, basado en la investigación llevada a cabo en 48 países, encontró también que los sistemas de licencias o registros demostraban ser ineficaces o beneficiaban solo a un pequeño número de trabajadoras sexuales. En las jurisdicciones que han introducido estos sistemas, la vasta mayoría de las trabajadoras sexuales operaba fuera de ellos. Comparaciones con países como Alemania revelaron que las situaciones de trabajo y de vida de las trabajadoras sexuales mejoran cuando el trabajo sexual es legalizado. Pero los resultados más positivos se han conseguido en Nueva Zelanda, donde el paso final hacia la despenalización se dio hace casi 13 años. (more…)


ProstSchG: An impractical and discriminatory special law | Statement by Voice4Sexworkers

Mock Whore ID at sex worker protest in Berlin © 2016 Friederike Strack. All Rights Reserved.

Photo: Mock Whore ID at sex worker protest in Berlin © 2016 Friederike Strack. All Rights Reserved.

Today, North-Rhine Westphalian Health Minister Barbara Steffens and Claudia Zimmermann-Schwartz, Chairwoman of the Roundtable Prostitution in North Rhine-Westphalia (NRW), held a press conference about the planned Prostitutes Protection Law (ProstSchG), which they argued would further drive sex workers into illegality instead of protecting them. As part of the press release, statements from two sex workers who participated in the Roundtable were presented.The following is an expanded statement from one of them, translated from the German original published by Voice4Sexworkers. Please click here to view the press release by the Ministry of Health, Equalities, Care and Ageing (MGEPA) in NRW. This resource is in German.

Statement by Melanie, Participant at Roundtable Prostitution

I’m a single mother of two and I’ve been working as a sex worker for the past ten years. I’ve never been able to earn my entire livelihood through sex work but I didn’t want to fall back on receiving welfare or housing benefits. That’s why the additional income from sex work has always been welcome and has enabled me to afford my children normal lives free from social exclusion.

The most important principle – and that’s exactly what the draft bill before us is not based on – is that prostitution has to be decriminalised first before one sets out to regulate it. This means that sex work must not be governed by criminal law. Last year, Amnesty International arrived at the same conclusion after conducting a comprehensive 2-year study in which they interviewed sex workers, particularly in countries were sex work is heavily regulated or even forbidden. A UN report from 2012, based on research in 48 countries, also found that licensing or registration systems proved to be ineffective or benefited only a small number of sex workers. In jurisdictions that have introduced these systems, the vast majority of sex workers operated outside of them. Comparisons with countries like Germany revealed that the working and living situations of sex workers improve when sex work is legalised. But the most positive results have been accomplished in New Zealand, where the final step towards decriminalisation was taken almost 13 years ago.

The authors of this Prostitutes Protection Law did not muster that same courage. Under the guise of wanting to protect us, they drafted a bill that is entirely “exit-oriented” but mentions nothing about how to earn a living or receive benefits for one’s livelihood. The Hartz IV welfare benefits are insufficient even now, and it is for that very reason that many of us choose to engage in sex work. If one were really interested in helping us, other alternatives and practical assistance were required instead of fobbing us off with minimal basic coverage. Notably, in urban areas where the unemployment rate is high, this minimal basic coverage does not provide for sustainable future prospects.

Instead of the current plan of sinking an initial 76.2 million euros followed by 85 million euros annually into this bureaucratic monster, these funds could be used for more meaningful projects, such as counselling centres, self-help organisations, interim payments, and support for qualification measures to enable occupational reorientation. A social welfare fund for sex workers would also be a blessing, since a considerable percentage of us cannot even afford the minimum contribution towards our health insurance.

Instead of offering us the assistance we have suggested time and time again, the new law would impose insurmountable obstacles on us. Our survey among sex workers from December 2015 has also shown what they really wish for and need: effective protection from discrimination, protection against dismissal from a primary job due to engaging in sex work on the side, protection against extortionate rent, more counselling centres (particularly of the kind that don’t just offer help on how to exit, but also how to safely enter sex work), and better protection of their anonymity, especially when dealing with authorities. The ProstSchG fails to provide any of that and instead amounts to the exact opposite, since it even goes as far as to cancel out the Basic Law. If this new law came into effect, the police would be allowed to enter any private home without a court order. A simple allegation that prostitution was taking place in any given apartment would suffice as justification.

Registration

In our survey, around one third of all respondents stated they had already had negative experiences with authorities. An equally large share stated they had never outed themselves to authorities out of fear or shame. Together, they represent far more than half of all respondents. Having to explain oneself and provide intimate details to a stranger would only exacerbate this trend.

In addition, it is incomprehensible why it should be necessary to provide all our work locations or have to register anew to work in additional cities or states. These measures are simply meant to enable authorities to create movement profiles that would reveal a lot but contribute nothing to our protection.

Licensing

Instead of supporting people engaged in sex work to self-organise and create individual work places, the employment situation of independent sexual service providers would be made worse. It’s not enough that the law in its current form would effectively give big operators supervisory powers over sex workers, since operators would have to record their registration details, length of stay and other specifics to pass on to authorities. The law would also strengthen the overall position of those operators by rendering it virtually impossible for sex workers to work alone or with colleagues in apartments. As a result, it would push them into the hands of the very operators who are such thorns in the sides of so many municipal politicians – just their sight, of course, not their taxes. This law pretends to protect us from heteronomy but it would cause the exact opposite: it would deprive most of us of the opportunity to self-determined and independent work.

The authors also further the “laissez fairy tale” of prostitution businesses not being subject to strict regulations and the poor police having no way of controlling anything. Nothing could be further from reality. Rather, it is an attempt to win approval for the draft bill from the public instead of explaining to them why an annual 85 million euros should be forked out for measures that will not help sex workers or those municipalities already short on funds.

Stigma

The draft bill consistently lacks the principle of impartiality. It is blatantly apparent that the authors were unable to discard the stigma attached to sex work, against which (incidentally), no steps have ever been taken since the current prostitution law came into force.

Instead, the measures planned under the Prostitutes Protection Law aggravate and intensify the very stigma which sex workers around the world cite consistently as the the main obstacle in their daily lives. The wording of the draft bill and the claims made in the substantiation for the law exacerbate the pre-existing prejudices and clichés. If sex work is mentioned in the same breath as criminal activities and sexual exploitation, that is the image that manifests in people’s heads.

Those who dismiss the few sex workers who dare to stand up for their rights as “privileged” should rather become aware of their own complicity in the stigmatisation of sex work. Instead of drafting laws that will curtail the options of all sex workers, the focus should be to add to options available to them. Those who would be affected the most by this law are the very people who already have too few options to begin with, namely migrants and trans* people, and who are often subject to multiple discriminations on a daily basis.

Conclusion

My participation in the “Roundtable on Prostitution in North Rhine-Westphalia” was the first time I experienced people talking with me. Usually, people only talk about me, even when I’m present. The Roundtable proved that it is entirely possible to sit down with the actual experts – us (!) – and find solutions. If one doesn’t talk with sex workers one ends up with the very result the ProstSchG represents: an impractical and discriminatory special law, which excludes us from equal participation in economic life and renders us socially vulnerable.


Original by Voice4Sexworkers. Translation by Matthias Lehmann. Proofreading by Christy Swain and Gabriel Pettyjohn. Published with kind permission.


Prostitution: Trade Supervision instead of Repression

Cul-de-sac -- Photo by StockSnap CC0 Public Domain

The plans for the “Prostitutes Protection Law” have reached a cul-de-sac, explains Criminal Law Professor Dr. Monika Frommel. Rather than patronising sex workers with criminal and police laws, they should be protected from exploitative brothel operators by using the trade law.

By Prof. emer. Dr. Monika Frommel

Please note that the copyright for this article lies with Dr. Monika Frommel and is not licensed under a Creative Commons License.

Why do politicians fail yet again [1] to adequately regulate prostitution during this legislative period? The goal of a reform should be to control brothel operators as effectively as possible. But instead, a draft bill has been created that will achieve the opposite: the strict and bureaucratic monitoring of sex workers. Brothel operators, on the other hand, have little to be afraid of.

Instead of “protection” from exploitation, the draft bill, modified several times and unlikely to draw a consensus, includes the duty to register and undergo health checks for those individually engaging in this line of work (it was once called “Bockschein”). [A1] Health authorities are supposed to be responsible for those health checks but they can neither provide comprehensive advice nor offer affordable HIV prevention. If one dictates mandatory health checks carrying potential sanctions anyway, one creates an entirely useless Normenfalle [lit. trap of norms; numerous regulations that are impossible to abide by at all times, which in turn renders them permanently criticisable and sanctionable; translator’s note]. The new provisions concerning police powers are unreasonable anyway. What’s missing is the tailwind for an adequate reform. Headwind there is plenty, however, for example from the fringes of the women’s movement, once interested in emancipation [but now arguing that] buying sex should be banned, clients of “forced prostitutes” should be punished, 90 percent of prostitutes were victims of human trafficking, and prostitution constituted an attack on “women’s dignity” – hard to believe that women who regard themselves as emancipated engage in such proxy battles. [A2] So far, they haven’t gotten their way, but they’ve nevertheless caused damage.

“Economically weak independent entrepreneurs exist not only in this line of work”

It’s simply absurd to prosecute exploitation – as hitherto – via the bizarre detour of making claims about human trafficking, a criminal offence whose legal definition has up until recently been regularly expanded at the instigation of the EU. Everybody involved has known for years that this leads nowhere and cannot lead anywhere. So why then repeat in the future what had not been thought through in the past already but was only ideologically motivated? The ideology is known: human trafficking is always forced labour, prostitution is almost always forced prostitution (apart from a few exotics). How do politicians for women’s affairs get to this simple equation? Many people work under economic constraints. (Apart from extreme exceptions) Brothel operators and third parties force nobody into prostitution. Economically weak independent entrepreneurs exist not only in this line of work. From that perspective, providing sexual services is a job like any other. A “Prostitutes Protection Law” could make sense. What doesn’t make sense is to speak about “coercion” and “voluntariness” exclusively in the context of prostitution but not in other lines of work, where poorly qualified workers are also being exploited. Not the work itself is harmful but the unchecked economical necessity to serve too many clients in order to be able to afford too high rental fees and extra costs. What is now planned complicates the work of those engaged in sex work without providing any benefits for them.

If legislators were interested in a rational, long-term solution and not in phoney, moralising debates, what would be the goal of an effective regulation under the trade law? Technically, brothels would be classified as commercial enterprises requiring permissions from licensing authorities. This would depend on the constantly verifiable compliance with minimum requirements. Experienced authorities could respond flexibly whenever operators would fall short of the specified minimum standards. Those who work there (independently) could examine the files at the trade office and check if the fees deducted for operational costs are in fact realistic, just as tenants have the right to control such matters and have tenants associations who support them in that. Why shouldn’t that be possible at brothels?

“The planned Prostitutes Protection Law relies too heavily on the police”

Only if the trade supervisory board cooperated with those working there would there be a chance to recognise if and where exploitation occurs – which is actually liable to prosecution in accordance with §180a StGB [German Criminal Code; tn] (Exploitation of Prostitutes); but if the responsible trade supervisory board isn’t furnished with the relevant powers, it cannot be proven. Instead of the currently empty threat of criminal proceedings, several more flexible legal instruments could be used. If operators would not fulfil their requirements, one could bar them and their representatives (or straw men) from any further activity in this industry.

Therefore, trade supervision would be the solution, but faced with diffuse resistance [2], the Ministry of Women’s Affairs could not prevail, and it hadn’t planned anyway to discuss the subject earnestly. Viewed in this light, nobody’s surprised that the Prostitutes Protection Law, planned in 2014, continues to rely all too heavily on the police and for that reason has ended in a cul-de-sac. Under the terms of this law, sex workers would have to register with authorities, otherwise they would commit an administrative offence. They would also have to regularly repeat this procedure, and every time they would work at a new location, which is frequently the case, they would have to register anew. In addition, they would always have to carry with them a certificate documenting their timely attendance of mandatory health checks (at the health authorities). What kind of protection is that supposed to achieve?

About Dr. Monika Frommel

Prof. emer. Dr. Monika Frommel - Photo usage worldwide

Dr. Monika Frommel is an emeritus criminal law professor. She studied Law at the University of Tübingen and at the Ludwig Maximilians University Munich, where she obtained her doctorate in 1979 and received her habilitation in 1986. Until 2011, she was the director of the Institute of Sanction Law and Criminology at University of Kiel. Since 1990, she is a co-editor of the legal journal Neue Kriminalpolitik. Her current research interests include criminology from a feminist perspective, in particular the reform of sexual criminal law, and ethics in reproductive medicine.

Photo: Usage Worldwide


Footnotes

[1] In 2014, there still seemed to be hope. See Monika Frommel „Gelingt es in dieser Legislaturperiode, die Prostitution angemessen zu regulieren?“ in: Kritische Justiz 1/2015, pp. 96–109.

[2] This resistance has persisted since 2002. In 2014, even state governments ruled by coalitions of Social Democrats and Greens clearly signalled that they were not ready to agree to controls by the trade supervisory board.

[A1] Bockschein was a colloquial term for a public health certificate, which sex workers had to produce until 2000. The name derives from the Bock, the gynaecological examination chair.

[A2] Since one reader felt it was unclear whether Dr. Frommel was arguing that buying sex should be banned or quoting prostitution abolitionists, the insertion “[but now arguing that]” was made here.


Translation by Matthias Lehmann. Research Project Germany. I would like to thank Dr. Frommel for her permission to translate and publish her article. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions. The photo above did not appear in the original article. Photo: “Cul-de-sac” By StockSnap CC0 Public Domain. Footnote A1 was added for further clarification.

The German original of this article was first published as “Prostitution: Gewerberecht statt Gängelung” at NovoArgumente (January 25th, 2016). Please note that the copyright for this article lies with Dr. Monika Frommel and is not licensed under a Creative Commons License.


Further Reading

Prostitution: Beyond an infantilising feminism – A translation of an earlier article by Dr. Frommel

“I thought it was all different!” – Video highlights from a symposium about the German Prostitution Act in December 2013, where Dr. Frommel was among the panellists


Work Problems

Research Project Korea

Work problems translated from the original by erzaehlmirnix

Germanoriginalby Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission. See also “(Sex) Work Logic”+“Prostitutes Protection Law Logic”.

View original post


Survey: Prostitution – A Snapshot

Slogan of Frankfurt protest in June 2015, organised by Doña Carmen

Slogan of Frankfurt protest in June 2015, organised by Doña Carmen

V4S conducted a survey among sex workers in Germany

To coincide with the International Day to End Violence Against Sex Workers, held annually on December 17th, Voice4Sexworkers* conducted a survey among sex workers in Germany, where the ruling coalition is working for two years already on a draft for a “Prostitutes Protection Law” (ProstSchG), said to protect sex workers from violence, coercion and exploitation. Manuela Schwesig, the Minister for Family Affairs, recently submitted a draft bill, which laid out plans how to control and regulate prostitution in Germany, although the actual goal of an EU directive was to create a law to fight human trafficking.

Since the prostitution debate in Germany is dominated by estimates and alleged facts – neither from reputable sources, nor based on verifiable evidence – Voice4Sexworkers wanted to find out what the current situation of sex workers in Germany actually looks like. More often than not, the media simply print two opposing opinions and then leave it at that. The actual mood among sex workers can hardly be derived from that. For many months, “experts” have been arguing over whether the law in its current form is necessary, but hardly anyone wonders about the opinions of those who will be directly affected by the law, or knows what needs they might have. It’s also quite difficult for outsiders to establish contact with sex workers, let alone gain their trust, especially if you don’t want to ask just one or two, but many sex workers about their opinions.

For that reason, Voice4Sexworkers started a survey among sex workers in December, which they could participate in anonymously until December 16th, 2015. Contrary to politicians, researchers or the media, Voice4Sexworkers was able to draw on a well-connected and large network, which demonstrably only sex workers have access to. Among other platforms, respondents were found on an online portal, where only sex workers can advertise their services. Voice4Sexworkers would like to thank all respondents for taking the time to participate in the survey.

Participation in the survey was completely anonymous and random. Therefore, respondents were able to respond freely and openly. As they survey wasn’t public and wasn’t publicly advertised either, the number of respondents was somewhat smaller, but in turn, this ensured that all participants were authentic and that no manipulation or falsification of data by non-sex workers was possible. Since not even Voice4Sexworkers knew the identity of the respondents, the responses offer an unfiltered insight into the world and lived realities of sex workers. Anyone questioning the credibility and correctness of this survey is welcome to contact Voice4Sexworkers and cite comparable surveys and specify their sources.

Contrary to existing and oft-cited studies, in which only members of certain groups were interviewed, e.g. drug users selling sex to finance their drug consumption or trafficked persons, this survey covers people across all work modes of sexual service provision. Their opinions and experiences are reflected in this survey, regardless if they are working on the street, at brothels, or as escorts. Intentionally, no group was excluded or treated or treated preferentially, because that would only have added to existing selective impressions from certain groups and not helped to show how the respective factors and circumstances affect sexual service providers in general.

Especially the responses to the question about what type of sex work they engaged in illustrate how respondents came from all areas and reflect the overall situation in Germany (percentage of the respective types of sexual service; distribution among the number of sex workers). Although the results confirmed their own experiences, even at Voice4Sexworkers, they were somewhat surprised how diversely a high number of sex workers operates and how wide-ranging the services are that they offer.

What didn’t surprise them was to learn that sex workers often don’t limit themselves to engage in a single type of sex work. Many switch back and forth between different types of services and offer services that are either the most profitable at a given time, or those that clients request, or those that are most practical for them due to private or other circumstances.

Other sex workers’ careers develop over time: some start by renting a room at a brothel but offer escort services or house calls later in life; others start out by working at apartment brothels but later switch to offer domina services because they developed a liking and the skills for it.

In that regard, Voice4Sexworkers’ survey offers facts that differ from the usual estimates. There isn’t the ONE typical sex worker, but just like in any other profession, people undergo a constant development and acquire skills while engaging in sex work. Or, as the survey also shows, some realise they aren’t suitable for the job or don’t like it, so that they want to change occupations as soon as possible.

However, the majority of respondents is engaged in sex work for the longer term and gathers experiences across different types of sex work, especially through contacts with their peers.

The other answers by the 69 respondents were not particularly surprising either, at least not for the members of Voice4Sexworkers, but merely confirmed what they and other sex workers have been saying all along.

With regards to the planned Prostitutes Protection Law, the following points are worth noting:

  • Sex workers are insufficiently informed about the ProstSchG. Many of them don’t even know enough about the existing prostitution law.
  • Only 4.3% favoured mandatory registrations, whereas 78.3% were against it.
  • Over half of the respondents (53.6%) expressed that they were afraid of having to out themselves as a result of mandatory registrations…
  • …which is probably why 44.9% have decided not to register with authorities and continue to work illegally, despite being threatened with fines.
  • As a result of the law, half of the respondents worry about the future and are afraid to lose their job.
  • Despite partially negative experiences with operators(65.4%), a majority is against statutory permission requirements for prostitution businesses (36.2%) and apartment brothels where two or more colleagues work together (68.1%).
  • The prevalent belief that sex workers experience violence and abuse predominantly from clients could not be confirmed. It raises all the more starkly the question whether sex workers really need a law to protect them…
  • …as the responses to the final question about their wishes illustrate. The gulf between sex workers’ actual needs and the planned regulations could hardly be any bigger.

But please read the entire result of the survey. The other figures and responses speak for themselves. (To pause the slide show, please hover over the image with your mouse and press the middle button.)

This slideshow requires JavaScript.

You can download the entire survey [in German] as excel file at Voice4Sexworkers. Alternatively, you can download the above graphics as pdf-file here.

Voices of sex workers

As part of the survey, respondents had the opportunity to leave an additional message. Some made use of that and left the following messages and opinions:

“The work with clients in itself is not the problem. Problematic are the conditions. Stigmatisation, the consequences of being outed/outing oneself, the helplessness when dealing with operators/lessors, and being afraid to call the police when you make negative experiences! They might then keep a record of you real name and, bam!, the stigma is engraved in your data.”

“It would be nice if people (the authorities) would simply ask first if one can work independently and wants to do it. The chaos surrounding registering a business and obtaining a tax code number should stop. There should be standardised regulations in all states.“

“I don’t have any problems with my clients but with the good citizens who outed me, ostracise me from society, and stigmatise me. With my CLIENTS I have no problems!”

“If this law will be adopted in its current form, it will create a parallel world again. Women who need the money will continue to work and then have to buy protection, which society is taking away from them through forced registrations and forced outing, from strong men… without the possibility to report exploitation, violence, coercion etc. to the police, because they would then have to admit that they illegally work in prostitution. Rights protect and empower us. If they are withheld, we are made into victims, especially of the rescue industry, which collects donations at our expense to finance itself and manifest its right to exist. This so-called help aims to deny our agency and right to self-determination, so that we’ll never be able to rid ourselves of the victim status they imposed on us and remain forever under their control.“

“Pity that the survey is only in German. That way, it will hardly be seen as scientifically credible…”

“I really wished there was more information, especially for colleagues who like to enter sex work, particularly foreign ones. Also more information for the public, so that our occupations gets out of the ‘dirty corner’ and more widely accepted.”

„I’m not afraid of a ban because in my opinion, that’s not compatible with Germany’s Basic Law. But even something like working ‘illegally’ will hardly apply to me as an escort, as long as it’s not forbidden to have private one-night stands. Whether or not money changes hands is only of interest for tax authorities – and if what I did was illegal, then the government can hardly levy taxes on it. It will also hardly be possible to prohibit having a private homepage or a blog with a contact form, where I offer dates – after all, I don’t have to publish a price list. But all that is of course a bad and burdensome game of hide-and-seek.

What I’m worried about is no the legal, but the societal persecution and discrimination. I don’t expect that a state of an employer protects me. I would never report sexual violence or rape anyway, even if I suffered them outside of sex work. Even experienced layers advise their daughters against it: the effort, the embarrassment of revealing it all in public, conviction and sentencing not being secure and often too low anyway. It’s not worth it. Besides, victims expose themselves to additional dangers, e.g. forced outing, public humiliation, blackmailing from officials, violence from the police. The only protection for me is an educated, emancipatory society.”

“It would be great if this survey would also exist in other languages! In Germany, many migrants are working in sex work, whose experiences would also be very important.”

“Since I do tantric work, I find it often difficult to see that as sex work. The working conditions for real tantric work are very different to those I learn about from sex workers. I see myself caught between the stools. Very uncomfortable. If only there wasn’t this headwind from politicians and society – because the job in itself is very satisfying, useful and fulfilling.”

“I like working in this job. It’s sophisticated and important.”

“Thank you for your work! Good that you are there. :)”

“I would like more protection for my job..!! And more understanding where to sleep, in the apartment where I work..!! How I can pay additional a hotel room and with a whore pass how can I be accepted at hotel???? Who helps me??”

“In the meantime, I’ve lost the belief that this government somehow wants to help us with the new law. On the contrary, they want to legitimise increased discrimination against us. These politicians want to demonise the voices of those women who live their sexuality independently and freely, and who refuse to let themselves be exploited for a pittance. These politicians want to see them yet again as demonised whores. We are not supposed to threaten the patriarchal, classist society. That’s why they don’t want to sit down together with us and make decisions over our heads.”

Voice4Sexworkers Header

*Voice4Sexworkers (V4S) is a project by sex workers and for sex workers, and for anyone else interested in sex work and sex workers’ rights. V4S provides sex workers, friends, supporters and clients the opportunity to publish their opinions and comments. To learn more about V4S, please click here.


This survey was originally published as “Umfrage: Prostitution – Eine Momentaufnahme” by Voice4Sexworkers. Translation: Matthias Lehmann, Research Project Germany. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions.


The “Dortmund Model” – Hardly a good example of sex work regulation

Off-limit + tolerance zone Dortmund [cropped]

Off-limit and tolerance zone (in green) in Dortmund’s city centre (click to enlarge)

Last week, a local news outlet in Dortmund published an article that illustrated the gulf between sex workers and proponents of fully decriminalising sex work on the one hand, and even those politicians who oppose forced registrations of sex workers as part of the planned “Prostitutes Protection Law” on the other. The below is a translation of said article and a short commentary.

Prostitution Law: Discussion about Sanctions

The updated draft of a new prostitution law was the subject of a discussion between Sabine Poschmann, member of the German parliament (MdB) for the Social Democrats (SPD), and representatives of the Mitternachtsmission (Midnight Mission), a counselling centre for current and former sex workers as well as trafficked persons, which had previously strongly criticised the design of the draft bill. Where the MdB of Dortmund’s chapter of the Social Democrats and the staff of the counselling centre agreed was that in the updated draft, the Ministry of Family Affairs had taken some of the criticism into account and somewhat softened the tough regulations.

“However, wagging the moralist forefinger is still taking precedence over protecting and helping sex workers,” said Poschmann. She particularly criticised the planned mandatory counselling and forced registration for sex workers. “Unfortunately, our coalition partner shows little willingness to compromise,” Poschmann added. The representatives of the Mitternachtsmission expressed similar views. In their opinion, the current approach will push sex workers into illegality, as experiences in other EU countries had already shown. As Poschmann explained, however, the draft bill does also contain important points, including a ban on degrading practices, such as “flat rate sex”. North Rhine-Westphalia provided sex workers with a good range of assistance, but a precondition for their acceptance would be to create policies that dealt with the subject of prostitution constructively and didn’t stigmatise sex workers. According to Poschmann, Dortmund served as a good example for that. The “Dortmund Model” follows the principle to apply a unified approach of all authorities and support facilities dealing with prostitution. In further consultations about the prostitution law, all affected parties should be heard. This would include both sex workers and brothel operators.

Commentary: With friends like these…

What Poschmann (or at least this article) doesn’t tell you is that the alleged “good example” Dortmund sets includes a city-wide ban on street-based sex work and a complete ban on all forms of sex work in its city centre, with the exception of a single street where sex work businesses are permitted, since the existing law states that cities with 50,000 inhabitants or more must designate sex work tolerance zones within their city limits. In addition, although sex worker “Dany” had successfully challenged the city-wide ban of street-based sex work at the Gelsenkirchen Administrative Court, the City of Dortmund fought back and eventually had the previous ruling overturned earlier this year by the Higher Administrative Court of North Rhine-Westphalia in Münster.

And while Poschmann criticised the SPD’s coalition partner’s moralist forefinger-wagging, she did some wagging herself as she spoke favourably about banning what she considers degrading practices, although sex worker activists have repeatedly demanded to preserve the existing diversity in sex work. As Undine de Rivière, sex worker and press speaker of German sex worker organisation BesD, stated in an interview with Sueddeutsche Zeitung:

“We are categorically for the preservation of the diversity of work places and work modes in sex work. I know women who like to work exactly like that – because they don’t want to be bothered with client acquisition, because they value the secure daily income, because what they earn is often not worse but sometimes even better than elsewhere. And, to put it bluntly: at first glance, flat rate sex may sound overburdening. But more than anything it’s a promotional thing. The flat rate idea works because of male overconfidence. There are customers who pay once, want it ten times, but can only get it up twice.”

Finger-wagging aside, Poschmann’s rejection of forced registrations for sex workers is certainly laudable and it would be too harsh to say that with friends like her, one doesn’t need enemies. But lamenting the Conservatives’ unwillingness to compromise will amount to little more than lip service if Poschmann and her fellow party members will allow Minister for Family Affairs Manuela Schwesig (SPD) and the Conservatives (CDU) to push the “Prostitutes Protection Law” through parliament. The same goes for her talk of further consultations in which sex workers should be heard. The authors of the draft bill already had plenty of coffee and biscuits during talks with sex worker activists and other experts, yet the draft bill reads like a list of everything they argued against. As sex workers worldwide prepare for December 17th, the International Day to End Violence Against Sex Workers, those working in Germany are increasingly worried about the new law and its impact on their health and safety, and as the year draws to a close, the time to change the bill is quickly running out.


The German original of this article was first published as “Prostitutionsgesetz: Diskussion über Sanktionen” by lokalkompass.de. Translation by Matthias Lehmann, Research Project Germany. The original article featured a different photo. Above: “Sperrbezirk Dortmund Innenstadt (alle Prostitutionsarten)” (Off-limit zone Dortmund city centre, all forms of sex work), cropped from the original. Source: City of Dortmund.


Swedish (Model) Logic

Swedish (Model) Logic - Translated from the German original by erzaehlmirnix

German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission.
See also
Prostitutes Protection Law Logic and Sex Work Logic.


“Politically motivated despotism” | Statement by sex worker counselling centre Doña Carmen in response to the derecognition of its charitable status

Wegen Gemeinnützigkeit geschlossen. Photo by ImageParty (modified)

“Closed due to charitable status”

“Imagine if journalists asked us about our opinion about the planned ‘Prostitutes Protection Law’ and we had to say, “Sorry, we can’t talk about that, because our work must benefit the public.” – Franziska Funk, sex worker and member of Doña Carmen e.V.

Derecognition of Doña Carmen’s charitable status due to advocacy for the recognition of sex work as work

Please click here to read Doña Carmen’s statement in German.
Bitte klicken Sie hier, um die Erklärung Doña Carmens auf Deutsch zu lesen.

+++ Update +++ Following a petition by Constance journalist Dennis Riehle, the Hesse state parliament called on the state government to clarify why attac e.V. and Doña Carmen e.V. had their charitable statuses derecognised for engaging in political causes. The state government must now examine the legal situation. Riehle commented: “The petition was dealt with relatively quickly, which in my view indicates that the members of parliament share the concern that this matter, which can hardly be described as coincidental, requires clarification. The authorities will only be able to dispel the doubts if they produce valid arguments.” (Source: Dennis Riehle)

In September 2015, the Frankfurt tax office revoked the Gemeinnützigkeit (charitable status, lit. benefit to the public) of Doña Carmen, Association for the social and political rights of prostitutes, with immediate effect, and backdated its decision retroactively to 2011.

At first glance, the reasons appear contrived: “supporting women in prostitution in tax-related matters”; “offering guided tours through brothels” during the open night at Frankfurt’s station quarter (Bahnhofsviertelnacht). One can only shake one’s head.

But the core accusation levelled against Doña Carmen makes one’s ears prick up: the association is blamed for pursuing political goals, “continuously” and “in a non-neutral manner”, “by campaigning for political interests of prostitutes”. Explicitly, Doña Carmen is charged with engaging in “advocacy for the recognition of sex work as work”. Henceforth, the Frankfurt tax office no longer holds this as a charitable cause.

Gemeinnützigkeitas political weapon

The decision by the Frankfurt tax authority – should it become a legal precedent – is politically explosive since the “charitable status” (Gemeinnützigkeit) is used as a political weapon and the Charity Law (Gemeinnützigkeitsrecht) is being politicised in a reactionary manner. The goal here is to terminate a political consensus, in place for nearly 30 years, which recognises counselling centres for sex workers, which are normally set up as charitable organisations, as experts on the subject of sex work and as advocates for sex workers’ concerns.

Today, Doña Carmen is the target. And tomorrow?

The derecognition of the charitable status has serious repercussions for Doña Carmen with regards to the funding of the counselling centre’s work and causes major problems. Due to chronic underfunding, other counselling centres would experience the same problems. Today, Doña Carmen is being targeted. And tomorrow?

Other associations, e.g. Hydra e.V. in Berlin, Nitribitt e.V. in Bremen, Madonna e.V. in Bochum or Kassandra e.V. in Nuremberg, to name but a few, are all recognised as charitable, although structurally, their statutes are no different. On their websites, they also list political demands that are aimed at the recognition of sex work as work. Thus, if this is about the derecognition of the charitable status of counselling centres for sex workers, then the respective authorities should have no difficulties in proceeding, if they applied the standards of the Frankfurt tax office.

Blatant case of political despotism

The derecognition of Doña Carmen’s charitable status is a blatant case of political despotism and illustrates how these things develop:

Since 2001, Doña Carmen conducts guided tours through Frankfurt’s brothels. Since 2009, this also includes tours as part of the open night at Frankfurt’s station quarter (Bahnhofsviertelnacht). The tax office has been aware of all that for a long time, since the tours were listed in the activity reports presented for the recognition of the charitable status during previous years. Since Doña Carmen’s charitable status was recognised in the past despite the brothel tours, it indicates that it is not the practice of Doña Carmen that has changed but the views held by the Frankfurt tax authorities.

The same applies for engaging in advocacy for the recognition of sex work as work. Doña Carmen has uncompromisingly demanded this right ever since its establishment 18 years ago. Throughout all those years, the association’s charitable status has been reviewed repeatedly without any objections, on the basis of activity reports. Now, however, engaging in advocacy for the recognition of sex work as work has suddenly cost Doña Carmen its charitable status. This is, without a doubt, political despotism.

Timing is not coincidental

It is no coincidence that this derecognition of the charitable status happened at the very time when plans are made for a “Prostitutes Protection Law”, one of the most repressive legislative proposals against sex workers in German history. The federal government currently prepares to adopt a law, which would include the forced registration of sex workers, a measure last in place under the Nazis. In light of these circumstances, it’s nothing short of brazen to demand from counselling centres like Doña Carmen political “neutrality”. It’s probably not a coincidence either that those who have decisively campaigned for the rights of sex workers are targeted first.

Attack on sex workers’ rights

But mind you: the attack on counselling centres is actually one on sex workers. They are the target. Not only are their rights supposed to be eroded, but also their opportunity to access practical support. Therefore, the termination of the political consensus with regards to counselling centres will not be without effect for sex workers. In light of this reactionary development, the rights of sex workers have to be defended even more decisively and more specifically. Doña Carmen will continue to do so in the future. Authorities like the Frankfurt tax office will not bring us to our knees!

Request for donations

Doña Carmen is also in need of financial support and solidarity, however. We ask all those who value our work and commitment for donations, since our own resources won’t suffice to stem the costs for the pending litigation to regain the charitable status at the fiscal court.

Please note: Donations to Doña Carmen e.V. are currently not tax-deductible due to our officially certified advocacy “for political interests of prostitutes”, especially for the “recognition of sex work as work”. However, you can certainly receive written proof of your donation. For details on how to donate or contact us, please click here.

A PDF document containing a detailed analysis of the reasons given by the Frankfurt tax authorities for the derecognition of Doña Carmen’s charitable status can be downloaded on Doña Carmen’s website. This resource is in German.


Translation by Matthias Lehmann. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions. Photo by Image Party (Creative Commons 0 License). Text superimposed.


Prostitutes Protection Law Logic

ProstSchG Logic - translated from the original by erzaehlmirnix


German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission.


Ministers from 4 states demand comprehensive overhaul of “Prostitutes Protection Law”

Ulle SchauwsUlle Schauws MdB (Member of the German Parliament), Green Party*

Wo Schutz drauf steht, muss Schutz drin sein*

*[lit. Where it says protection on the outside, protection must be included]

+++ Update: Click here to download the position paper as PDF. This resource is in German. +++

The Green Party believes that the “Prostitutes Protection Law”, submitted by Minister for Family Affairs Manuela Schwesig (Social Democrats), will be subject to approval by the Bundesrat, the upper house of the German parliament. The reason for that is that the Länder (states) are supposed to carry out mandatory health consultations for sex workers and will thus shoulder the financial burden of the law. “Federal laws containing duties for Länder to carry out such services require the approval by the Bundesrat”, writes Ulle Schauws, parliamentary spokeswoman for women’s affairs, in a position paper.

Schauws receives support from ministers Barbara Steffens, Irene Alt, Katharina Fegebank, and Anja Stahmann, who are responsible for prostitution-related matters Bremen, Hamburg, North Rhine-Westphalia and Rhineland-Palatinate. They criticise that the bill is expensive and bureaucratic, and required “states and municipalities to establish entirely new departments”. The predicted costs set out by the Ministry for Family Affairs were an underestimation. [Ulle Schauws and] the four ministers demand a comprehensive overhaul of the draft bill, also because it discriminated and stigmatised sex workers, e.g. through mandatory registrations.

Wo Schutz drauf steht, muss Schutz drin sein

Quotes from the Greens‘ position paper

Die Grünen Logo“What the BMFSFJ [Federal Ministry of Family Affairs, Senior Citizens, Women and Youth] presented after the tough negotations in the grand coalition, is a bill that continues the discrimination and stigmatisation of people engaging in prostitution and forces many of them into illegality.”

Die Grünen Logo“According to experts and [representatives of] prostitutes organisations, whom we have heard on this matter, most of this bill is headed into the wrong direction. The recent resolution by Amnesty International underscores yet again that the protection and human rights of prostitutes worldwide must be strengthened. The draft bill, however, considerably worsens the status quo for people engaged in prostitution. Instead of protecting them, it disproportionally puts pressure on prostitutes.”

Die Grünen Logo“Mandatory registrations are intended to particularly benefit victims of human trafficking. What the BMFSFJ ignores here are the experiences made in Austria. The mandatory registration ordinance for prostitutes, as currently used in Vienna, has shown that victims of human trafficking were in fact frequently registered but the authorities couldn’t recognise them. Would victims of human trafficking who are forced into prostitution but remain undetected despite (forced) registrations not believe their exploitation was legal? On the other hand, there are reasonable grounds to assume that a lot of prostitutes would not register and instead work illegally for fear of being forcibly outed, as has happened in Vienna.”

Die Grünen Logo“Within one and the same draft bill, the BMFSFJ conflates two separate regulatory areas, which should be dealt with in two laws: the regulation of occupations in prostitution and the criminal law dealing with human trafficking. The main problem with prosecution of human trafficking cases is victims’ fear to give testimony against their perpetrators. This willingness to give testimony would not at all be strengthened if the concerned persons must face the authorities in the course of registration procedures and are threatened with fines in case of non-compliance. Instead, we Greens demand a simpler procedure [for them] to attain the right of residence, to increase victims’ willingness to give testimony at the courts.”

Die Grünen Logo“All told, the draft is divorced from reality, inconsistent, and misses its actual goal. As a result of this so-called protection law, prostitutes would predominantly experience incapacitation and repression, instead of a strengthening and professionalisation of their occupation. We demand a law that takes the protection of people engaged in prostitution seriously and delivers what it promises. We call on the BMFSFJ to overhaul the draft bill with that in mind.“


*Image: Website of Ulle Schauws (Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Germany License). Source: Green Party. Translation: Matthias Lehmann. Click here to download the position paper as PDF. This resource is in German.


German sex worker organisation BesD responds to planned “Prostitutes Protection Law”

Logo of the Professional Association Erotic and Sexual Services (BesD)

Press release by the Professional Association Erotic and Sexual Services (BesD)

Berlin, September 11, 2015: The Professional Association Erotic and Sexual Services (BesD) criticises the draft bill by the Ministry for Family Affairs for a “Prostitutes Protection Law” in the strongest terms. In its response, the BesD concludes, “A law that pretends to aim at strengthening the right to self-determination of a group of people but then denies them the maturity to make their own decisions, attempts to paternalistically ‘protect’ them from those decision, needlessly interferes with their basic rights, and that, quasi in passing, also creates regulations to save society from this group of people, allegedly in need of protection, via arbitrarily expandable ordinances, such a law is worse than no law at all. The ‘Prostitution Protection Law’ should be rejected in its entirety.”

Instead, the association calls for a complete decriminalisation of sex work, as recently also demanded by Amnesty International, the acceptance of sexual service provision as a freelance occupation, mandatory registrations for brothels in accordance with the Trade Law [GewO], and the expansion of voluntary counselling services.


You can download the complete response by the BesD on the organisation‘s website. This resource is in German. Translation of the above press release by Matthias Lehmann.


Decriminalising sex work is necessary but not enough

Red Umbrellas Kosta CC2.0

“The demand to decriminalise sex work is a necessary step but it doesn’t go far enough.”

By Theodora Becker*

With its decision to issue a recommendation to governments on how to safeguard sex workers’ human rights, Amnesty International has caused outrage, because it includes the demand to decriminalise sex work. What this means is to abolish laws and regulations that either directly subject sex workers to prosecutions, arrests and fines, or criminalise the organisation, support and intermediation of sex work. [According to Amnesty’s draft policy on sex work,] third parties participating in transactional sex should only be penalised, if they exert force and pressure on or violence against sex workers. Clients, too, should not be penalised simply for being clients.

“Germany is not the role model for decriminalisation”

Among opponents of prostitution, this suggestion has caused outrage. They are of the opinion that it would promote pimps, human traffickers and other exploiters of prostitutes and enable them to avoid prosecution, while the poor prostitutes would be exposed to them all the more helpless. People like to refer to the German situation to decry what decriminalisation would lead to. However, there are several things to note. Germany is not the role model for decriminalisation that Amnesty has in mind. Prostitution in Germany is largely, but not completely decriminalised. The main relic of the old criminalising and regulatory regime are off limit ordinances, which allow cities and municipalities to prohibit prostitution in certain areas “for the protection of youth and public decency”. They use them plenty, and in a discriminatory manner, too. A new off limit zone in the city of Dortmund was recently justified with the argument that street prostitution had become too attractive for [female] sex workers from Romania and Bulgaria, and that the city no longer wanted to provide such a magnet for Eastern European migrants.

It is necessary to distinguish between decriminalisation and legalisation. Decriminalisation signifies the abolition of criminal laws and ordinances that [exclusively] deal with sex work in a discriminatory manner. Legalisation would be the implementation of certain legal regulations of sex work. Sex worker organisations around the world demand decriminalisation as a necessary first step. Amnesty remained consciously noncommittal with regards to a concrete model of legalisation but established minimum standards that such a model should fulfil. Once again, Germany is hardly a role model in that regard. The plans for the new “Prostitutes Protection Law” [#ProstSchG] include mandatory registrations for prostitutes, which are not only problematic in terms of data protection, but in addition, they are discriminating against sex workers, for whom the measure has no benefits. In addition, the access to social security and labour rights, which Amnesty both calls for, is also not always guaranteed in Germany, especially not for migrants. And the fight against stigmatisation, which Amnesty demands from governments, is also not really fought with dedication in Germany.

“Decriminalisation must include third parties”

That the decriminalisation must include third parties to protect the human rights of sex workers is obvious: in France, for example, even lessors of apartments, where people engage in sex work, are liable to prosecution. If sex workers would report such a lessor, for example for an unacceptably high rent, they would effectively find themselves working on the street. Only in a decriminalised setting would they be able to insist on fair conditions.

Amnesty does not just talk about the decriminalisation of sex work but about various other measures governments should take to contribute towards providing people, who only choose sex work due to a lack of alternatives, with more opportunities. Those include socio-political and anti-discriminatory measures. Amnesty acknowledges that poverty, a lack of education, discrimination, and restrictive migration policies are jointly responsible for people working as sex workers who would prefer not to. It would be nice if opponents of prostitution would also come to this realisation: instead of constantly pushing the narratives of pimp networks and organised crime, they could say a thing or two about the economic conditions that push people into prostitution – just as they push people into other precarious labour conditions. The entirely undifferentiated reaction to Amnesty’s resolution once more unmasked the position of [prostitution] abolitionists.

Amnesty Listened! - Image by @photogroffee


*Theodora Becker is a PhD candidate at the Free University Berlin and an activist with Hydra e.V., a meeting and counselling centre for sex workers. The German original of this article was first published at leftist weekly Jungle World. Translation by Matthias Lehmann, Research Project Germany. As in the translation, Theodora Becker used the terms “prostitute” and “sex worker” interchangeably in her original text.

Photo (top): “Parapluies” by Kosta | Cropped from the original and used under Creative Commons 2.0 license. Image (bottom): @photogroffee


“Sex workers have the same rights as everyone else” – Press Release by Voice4Sexworkers

Voice4Sexworkers Header

Amnesty International supports the human rights of sex workers and calls for the decriminalisation of sex work

Please click here to view the German original.

At the conclusion of its International Council Meeting in Dublin on August 11th, 2015, Amnesty International voted to henceforward support sex workers’ human rights and call for the decriminalisation of sex work.

Voice4Sexworkers, an NGO by and for sex workers, welcomes the long overdue decision by Amnesty International, as the global sex workers’ rights movement has demanded the very same since decades already.

In Germany, for instance, abolishing the pimping law [§181a of the German Criminal Code] was already suggested in 1973, since labour exploitation and taking advantage of the plight of third parties are already prohibited in accordance with the human trafficking law [§233 of the Criminal Code].*

People who work in the sex trade are not helped by destroying its logistics and infrastructure or through wholesale prosecution of operators of prostitution venues. In many countries, e.g. in France and Sweden, it is already considered as pimping when two women share an apartment to work from. They are then charged and penalised for mutual pimping. Instead of being able to support one another, they are thus forced to work alone and under increased risks.

No Bad Whores Just Bad Laws (Source Unknown)

Decriminalisation does not mean to protect criminals or criminal networks. Those remain criminal under the existing criminal code that also applies to all other citizens. Rather, the objective is to abolish special laws that concern sex workers exclusively and make their work more dangerous. Other occupational groups are not controlled by the police in that fashion. In addition, special laws have a signal effect and lead to greater stigmatisation and discrimination against sex workers, which in turn affects their families and friends, too.

When criminal offences occur in the sex trade, the criminal code is sufficient to prosecute offenders, just as when they occur in any other trade. There is no need for special laws for the sex trade. The case numbers in the reports about human trafficking in Germany have consistently decreased, as evident in the reports by the Federal Crime Office [BKA].

Sex workers have the same right to free choice of employment as everyone else, and their choice must not result in being classified as criminals or in being subjected to controls at all hours without any suspicion of a crime being in progress.


*To avoid confusion: the call for the abolition of this paragraph is not tantamount to a call to legalise or decriminalise pimping but only to abolish special laws for sex workers, since exploitative labour practices in other occupations are all prosecuted under existing human trafficking law. Although the press release by Voice4Sexworkers amply explains this point, an additional clarification seemed necessary in light of countless misleading reports, incl. from well-respected media outlets, that Amnesty International‘s sex work policy was aiming to legalise pimping (see also below).

Original by Voice4Sexworkers. Translation by Matthias Lehmann. Published with kind permission.


“Let’s debunk the myths” – Video by Amnesty International

In an interview with Katie Nguyen of the Thomson Reuters Foundation, Amnesty policy adviser Catherine Murphy explained:

“We have to be careful with words like pimp because people often interpret that to mean an exploitative third party and we would not be calling for the decriminalisation of an exploitative third party. What (the new policy) would mean is the decriminalisation of laws on consensual sex work. Exploitation or trafficking within sex work would still be criminal offences. So the the low level operational aspects of sex work such as working together for safety, renting premises, organising together… these things would no longer be criminal.”

Amnesty‘s video below explains how protecting the human rights of sex workers does not mean protecting pimps. Alternatively, you can read Amnesty‘s Q&A on the Policy to Protect Human Rights of Sex Workers.


Interview with Sonia, an Italian migrant sex worker in Germany

Shutters - Photo by Patrick Blaise

Before 1958, Italian law once stipulated that shutters of brothels had to
remain
closed at all times, hence the name “case chiuse” or “closed houses”.

Clicca qui per la versione italiana di “Intervista a Sonia, sex worker in Germania”. Please note that the copyright for this article lies with Abbatto i Muri, where this interview was first published, and is not licensed under a Creative Commons License.

About this interview

Sonia is 33 years old and lives in Germany. She has been a sex worker for six years and she tells us – via Skype – what she thinks about the abolitionist trend that currently pushes Europe towards criminalising sex workers’ clients and further marginalising sex workers.

Sonia, first of all, how and why did you start sex work? Did you do it by choice or were you forced to do it?

I arrived here after trying to find work using my degree. I was unemployed, doing precarious jobs, like many others. Then I moved abroad and decided to work to be economically independent. I had different jobs but I could not quite make ends meet. I began to work as a prostitute by choice. For me, it’s a job like any other, and I can earn more money. I met a woman who did this and she gave me some tips. I was never forced to do anything.

Do you mind talking about your clients? Are they violent? How do you feel when you sell sexual services?

Violent? (laughs) Where I work the violent ones are kicked out on their asses. The good part of working without having to hide is precisely that. You can work at a place with better safeguards and you can count on others’ solidarity. How do I feel? Good. It’s my job. I often have fun. Sometimes I get bored, and only a few times I felt annoyed, and with those clients I haven’t worked anymore.

Are there also men or trans* people in your work environment?

Yes, of course. There is less demand for men, but trans* people are doing fine.

Do you plan on doing this job forever?

Forever? (laughs) Nothing is forever. I can stop working tomorrow or twenty years from now. It depends. Do you know if you are going to do what you are doing now for the rest of your life?

Actually, no.

Exactly.

Ok, let’s move on from these stupid questions, because I wanted to ask you about traumata and things like those but it looks like you have other things to talk about.

Oh, please. If you want me to play the part of a martyr, you have to pay me at least (laughs).

Why did you go to Germany to work as a sex worker?

Because it’s not possible in Italy. Until they regulate the profession, many Italians are going to move to Switzerland, Germany, or the Netherlands. It is too difficult in Italy. Escorts and those who work at apartments can manage to live well, but the law is aimed at making you rot on the streets, exploited by pimps.

Do you think regulation would improve your colleagues’ lives?

Of course. Think about the foreigners who will get a residency permit with a work contract. If they erased the criminal offence of abetting [prostitution], you are no longer going to rent an apartment in secret at very high costs. You could pay taxes. You could do everything in plain sight. You would no longer need a pimp to be ‘protected’ because if you work in a protected environment with your colleagues, violent clients cannot harm you.

Hermann Vogel - Vous plaît-elle (Image WikiCommons)

“Vous plaît-elle?” (Do you like her?)
Painting by French painter Hermann Vogel

What do you think about the abolitionist wind from northern Europe that is influencing Italy too?

First, Italy had state-regulated brothels – the worst – and after that, the law has always been abolitionist. The Merlin Law* is abolitionist as well. In northern Europe, we have SWERFs [sex worker-exclusionary radical feminists] that are fighting a war. We are back in the puritan era. Sweden, which is a racist country with a lot of Nazi roots, is affecting other nations’ policies towards a morality that is misogynous, patriarchal, and sexophobe. In the Netherlands, they are talking about closing the windows. In Germany, they are discussing a law to register us and inspect us with a magnifying glass to see if we are infected. They’re not interested in our working conditions. What matters to them is protecting society from us whores.

In Italy, they say that regulation is useless because the German model, demanded by sex workers, has failed. Is that true?

Bullshit. In Germany, where regulation exists and where locals and prostitutes stick with it, it works. The fact is that most places in Germany did not apply the law because puritans have boycotted it. The philosophy of some authorities is one where they sleep better knowing there are whores on the streets in the hands of pimps, so that they can tell the tales of victims of exploitation, which is so useful to create statistics for organisations fighting human trafficking.

Are you saying that human trafficking or exploitation do not exist?

Not at all. I’m saying that in some places there certainly are exploitative conditions. Do all companies in Italy comply with the law? Isn’t there anyone taking bribes or failing to pay their contributions? Here it’s the same. Some do not pay taxes and do not follow the rules. Then there are women on the streets, and given that regulation has been boycotted in many places in Germany, they remain in the hands of pimps.

How do you think the problem of exploitation can be solved?

Through regulations. Enabling women to come out of the hiding. Even more so, if they come from abroad and are threatened by laws that want to push them back to their home countries unless they have jobs.

Are you aware that abolitionists deliberately conflate human trafficking with sex work? What do you think about that?

I think that’s terrible. What some of them write on Twitter or Facebook is repulsive. They are fanatics who are full of spite and don’t allow us to speak about what we do for a living. There are really few feminists like you who let us speak. Human trafficking is a problem we want to address. But that has nothing to do with those who, like me, chose this job. Anyone saying they are the same thing is telling lies.

Why do you think they’re doing that?

Don’t you think it’s obvious? Because they do not care about the fact that I want to be a prostitute and that I am not exploited by anyone. Prostitution is violence, they say, and all clients are rapists. They are so busy saving us that they have forgotten to ask what we think about that and what means we want to use to save ourselves.

What would you like to say to these women?

First, I’d say that I’m sorry they are ignoring what I think. I’m sorry that they are playing us off against one another, those prostitutes who do it by choice and those who are being exploited, as if I was denying their suffering. It’s a cruel and violent game, because I feel that any prostitute who is a victim of exploitation is like a sister of mine. I would like to talk with her, and not with those who exploit her to enforce an opinion that has nothing to do with us.

Have you ever known an exploited prostitute?

Of course. Do you think that if I saw one I would turn my back on her? I hosted many in my house, especially foreigners, who were persecuted by police due to the immigration laws. Instead of protecting them, they wanted to send them back like parcels in human skin with an expiry date on them. I have known many, I understand them, and many have told me that they need a contract to stay and to get rid of their pimps. If Germany or Sweden or other countries do not want to regulate [sex work], do you really think they worry about saving women? In my view, those who “worry” the most are the racist ones. Do you know how many women could get a residence permit if prostitution wasn’t criminalized? As a matter of fact, racists are the ones who push for abolitionism and Nazi-style registration of prostitutes. There’s not going to be a happy ending for those who don’t belong to the race they like.

As a matter of fact, in Italy, so-called trafficking victims sometimes end up at one of the Centres for Identification and Deportation (Centro di identificazione ed espulsione, CIE).

Sonia, what else would you like to tell me? Something that comes to your mind and you want the little world that reads this blog to know?

A hug to the sisters and colleagues who work in Italy and have to endure a lot of difficulties. Fight for me as well, and if you manage to achieve something, who knows, I might come back to Italy soon.


Footnote

* The Legge Merlin (Merlin Law, named after its main author, socialist MP Lina Merlin) became effective on September 20th, 1958. This law, still in force today with little change, revoked the previous regulatory system, prohibited brothels, and introduced “exploitation of prostitution” as a new criminal offence with the aim to punish pimping.

In Italy, “indoor sex work is prohibited though in practice, private apartments with only one sex worker are ‘tolerated’. The state seeks to prohibit or drastically re duce street prostitution. Soliciting is subject to a fine and is defined by law as ‘unabashedly inviting clients on the street’. It does not, however, prohibit loitering whilst awaiting clients on the street. The Domestic Security package of June 2008 invests mayors with the judicial power to declare anything that might endanger the security and decorum of the cities an emergency. For this reason, sex workers and their clients have been subject to special ordinances that allow municipal police to administer fines. In addition, the Public Security Law enables the local chief constable to impose and enforce a mandatory expulsion of persons from a city in which they do not officially reside. Currently, EU citizens who violate this ordinance are fined, while non-EU citizens, especially from African countries, are put in temporary detention/identification centres and, in accordance with the laws on immigration, are subsequently deported. … Migrants who hold a regular work or residence permit may engage in sex work. However, it is not a rare occurrence that the police revoke residence permits and begin deportation procedures for persons working in sex work.”

Source: TAMPEP International Foundation (European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers), Main coordinator: Licia Brussa “A report on the intersections of legislations and policies regarding sex work, migration and health in Europe” pp. 19,34


Translation by Michela Cicco. Edited by Michela, Giulia and Matthias Lehmann. I would like to thank Eretica Whitebread for her permission to re-blog this interview and Michela and Giulia for translating and co-editing the English version.


“A tua proteção é opressão” – Mais detalhes sobre a iminente Lei Prostitutas Proteção da Alemanha

Sex workers protest in Nuremberg, August 2014. Photo by Voice4Sexworkers. All Rights Reserved.“Tua proteção é opressão!” A foto é da organização Voice4Sexworkers; foi feita em agosto de 2014 em Nuremberg (Bavária), durante protesto de trabalhadoras sexuais que marcou a visita da ministra da Família, Manuela Schwesig, a um centro de aconselhamento. Schwesig é uma das principais proponentes do endurecimento da lei.

Sobre este texto

O texto abaixo é uma tradução de um acordo entre os partidos Democrata Cristão e Social-Democrata, da coalizão de governo da Alemanha, que estabelece adendos ao documento sobre questões-chaves de agosto de 2014 para uma “Lei de Proteção às Prostitutas” (ProstSchG), que suplementaria a Lei Alemã de Prostituição de 2002 (ProstG).

Inglês Tradução do original alemão por Matthias Lehmann. Research Project Germany (Projeto de Pesquisa Alemanha). Todo esforço foi feito para traduzir os termos legais de maneira que a tradução permanecesse virtualmente literal e ao mesmo tempo inteligível. Os parênteses quadrados no texto incluem classificações e comentários adicionais. Clique aqui para baixar a versão original do documento em alemão. Quaisquer perguntas, comentários ou sugestões de mudanças serão bem-vindos.

Acordo das facções da coalizão sobre a Lei de Proteção às Prostitutas 

Status: 3 de fevereiro de 2015

As regulamentações que se seguem serão acrescentadas ao registro individual obrigatório para todas as prostitutas:

1. Produzir provas de uma consulta médica em um serviço público de saúde será pré-condição para a emissão do documento que confirma o registro de uma prostituta. Será verificado se a emissão de tal prova também poderá ser arranjada por meio de médicos residentes em clínica geral, medicina interna e ginecologia.

2. Os registros precisam ser renovados a cada dois anos, Prova de registro precisa ser apresentada durante controles conduzidos pelas autoridades.

3. Provas de consultas médicas, como listado no item 1, devem ser apresentadas a cada 12 meses; de outra forma, o registro se torna nulo.

4. Operadores de bordéis são obrigados a manter prova das consultas médicas das prostitutas que trabalham em seus estabelecimentos em arquivo.

5. Será verificado como e a que custo o acesso a aconselhamento social nos centros de aconselhamento poderá ser melhorado.

6. O registro tem especialmente a intenção de proteger mulheres [engajadas em prostituição]. Registros serão concedidos pelas autoridades apropriadas. Candidatas precisam aparecer pessoalmente. Será verificado se e até que ponto a presença pessoal em um centro de aconselhamento oficialmente designado pode substituir a presença em autoridades públicas, desde que qualquer mau uso possa ser descartado.

7. Para satisfazer a necessidade de proteção para menores de 21 anos engajadas em prostituição e para melhorar seu acesso a programas de aconselhamento e apoio, a Lei de Proteção às Prostitutas vai incluir provisões específicas.

8. Prostitutas abaixo da idade de 21 anos precisam renovar seus registros anualmente e a prova de consulta médica precisa ser apresentada a cada seis meses.

9. Caso haja alguma indicação, durante o processo de registro, de que uma pessoa não tem a capacidade de discernimento necessária para sua própria proteção ou que terceiros a estão explorando, as autoridades responsáveis vão tomar as medidas requeridas para assegurar a proteção daquela pessoa. Além disso, o certificado de registro poderá ser negado se houver quaisquer indicações de tráfico humano ou de prostituição forçada, de acordo com as provisões já existentes da legislação criminal.

Itens adicionais do acordo:

10. O uso obrigatório de camisinhas será introduzido. Clientes serão penalizados por violações [Ordnungswidrigkeit; contravenções]. Operadores de bordéis são obrigados a manter camisinhas disponíveis. Na eventualidade de uma violação da regulamentação obrigatória sobre camisinhas, aquelas engajadas em prostituição não serão legalmente responsabilizadas.

11. O direito limitado de transferência [Weisungsrecht] de prostitutas será mais detalhado a partir da perspectiva da autodeterminação, por meio de uma emenda à Lei de Prostituição.


Leituras adicionais

Uma lei para proteger a sociedade de um mal imaginário” – inclui a tradução completa do Documento de Questões-Chaves para uma Lei de Proteção para Aquelas que Trabalham em Prostituição (Lei de Proteção às Prostitutas, ProstSchG)

Declaração da organização das trabalhadoras sexuais alemãs BesD (somente em alemão)

“Prostituição, Para Além de um Feminismo Infantilizante” – da professora de Direito Criminal dra. Monika Frommel

“Lei de Moralização“: Propostas de Reforma para a Lei Alemã sobre Prostituição – entrevista com Fabianne Freymadl, porta-voz política da Organização Profissional de Serviços Sexuais e Eróticos (Berufsverband erotische und sexuelle Dienstleistungen, BesD)

“Já existem leis comerciais em vigor para combater a exploração” – entrevista com Theo, da associação de trabalhadores sexuais Hydra e.V.

Mentiras e Verdades sobre a Lei Alemã sobre Prostituição – uma introdução para iniciantes.


Esta tradução apareceu pela primeira vez no Mundo Invisivel. Clique aqui para ler a versão em Inglês de “A tua proteção é opressão”. Inglês Tradução do original alemão por Matthias Lehmann. Muito obrigado a Renato Martins para a versão em Português.

This translation first appeared on Mundo Invisivel (Invisible World). Please click here to read the English version. of “Your protection is oppression” – Further details about Germany’s looming Prostitutes Protection Law. English translation from the Germany original by Matthias Lehmann. Many thanks to Renato Martins for the Portuguese translation.


“Your protection is oppression” – Further details about Germany’s looming Prostitutes Protection Law

Sex workers protest in Nuremberg, August 2014. Photo by Voice4Sexworkers. All Rights Reserved.“Your protection is oppression” – In August 2014, sex workers protested in Nuremberg, Bavaria, as Family Minister Manuela Schwesig, chief proponent of toughening Germany’s prostitution law, visited a counselling centre for sex workers.  | Photo: Voice4Sexworkers

About this text

The below is a translation of an agreement of Germany’s ruling coalition of Christian Democrats and Social Democrats, which sets out additions to the agreed upon key issues paper from August 2014 for a “Prostitutes Protection Law” (ProstSchG), which would supplement the German Prostitution Act of 2002 (ProstG).

Translation by Matthias Lehmann. Research Project Germany. Every effort has been made to translate the legal terms in such a way, that the translation remained virtually verbatim while also being intelligible. Squared parentheses in the text include additional clarifications and comments. Click here to download the original version of the document in German. Any questions, comments or suggested edits are welcome.

Agreement of the Coalition Factions about the Prostitutes Protection Law

Status: February 3rd, 2015

The following regulations will be added to the individual mandatory registration for all prostitutes:

  1. Producing evidence of a medical consultation at a public health service shall be a precondition for the issuance of the document confirming a prostitute’s registration. It shall be examined if the issuance of said evidence may also be arranged through resident doctors for general medicine, internal medicine and gynaecology.
  2. Registrations must be renewed every two years. Proof of registration must be produced during controls conducted by the authorities.
  3. Proof of medical consultations, as listed under 1., must be presented every 12 months, otherwise the registration becomes void.
  4. Brothel operators are obligated to have proof of the medical consultations of prostitutes working on their premises on file.
  5. It shall be examined how and at what costs access to social counselling at counselling centres can be improved.
  6. The registration is especially intended to protect women [engaged in prostitution]. Registrations shall be granted at the appropriate authorities. Applicants must appear in person. It shall be examined whether and to what degree a personal appearance at an officially designated counselling centre may replace appearing in person at public authorities, provided that any misuse can be ruled out.
  7. To satisfy the particular need for protection of under 21-year-olds engaged in prostitution and to improve their access to counselling and support programmes, the Prostitutes Protection Law shall include specific provisions.
  8. Prostitutes under the age of 21 must renew their registrations annually and the proof of medical consultation must be presented every 6 months.
  9. Should there be any indication during the registration process that a person does not possess the capacity of discernment necessary for her protection or that third persons are exploiting her, the responsible authorities shall take the required measures to ensure the protection of that person. In addition, the certificate of registration may be denied if there are any indications of human trafficking or forced prostitution, in accordance with already existing criminal law provisions.

Further agreed items:

  1. The mandatory use of condoms will be introduced. Clients shall be penalised for violations [Ordnungswidrigkeit; misdemeanour, administrative offence). Brothel operators are obligated to make condoms available. In the event of a breach of the mandatory condom regulation, those engaged in prostitution [i.e. sex workers] shall not be held legally accountable.
  2. The limited right of direction [Weisungsrecht] of prostitutes shall be further specified from the perspective of self-determination through an amendment of the Prostitution Law.

Further Reading

A law to protect society from an imaginary evil – Includes a full translation of the Key Issues Paper for a Law to Protect Those Working in Prostitution (Prostitutes Protection Law, ProstSchG)

Please click here for a statement by German sex worker organisation BesD [German language only].

Prostitution: Beyond an infantilising feminism – By Criminal Law Professor Dr. Monika Frommel

“Moralising Law”: Reform Proposals for the German Prostitution Act – Interview with Fabienne Freymadl, Political Spokeswoman for the Professional Organisation for Erotic and Sexual Services (Berufsverband erotische und sexuelle Dienstleistungen, BesD)

“There are already trade laws in place to take action against exploitation” – Interview with Theo from sex worker association Hydra e.V.

Lies & Truths about the German Prostitution Act – An Introduction for the Uninitiated


Prostitution abolitionists violate our rights!

Real Woman Support Sex Worker Rights. Photo by Zoccole Dure, All Rights Reserved.Photo by Zoccole Dure. All Rights Reserved.

Italian feminist blogger Eretica Whitebread recounts her conversation with an Italian sex worker living and working in Germany.

Clicca qui per la versione italiana di “Le abolizioniste della prostituzione violano i nostri diritti!”. Please note that the copyright for this article lies with Abbatto i Muri and is not licensed under a Creative Commons License.

By Eretica Whitebread

I wrote this article after a conversation I had with F., an Italian sex worker living in Germany. She works at a place that is perfectly legal and pays taxes. She has a son from a previous relationship and her current partner is a woman. A few years ago, she moved away from Italy, where she had been charged with abetting ‘exploitative prostitution’. At the time, she was sharing an apartment with another sex worker. They had intended to help each other in order to work more safely. But under Italian laws, merely living with a sex worker can put you in trouble and see you charged with ‘exploiting the prostitution of others’.

After she served her sentence, F. chose to relocate to Germany, but currently, she feels quite unsettled there. Having already suffered due to the unfair legal charge in Italy, which made her the victim of a law that criminalised her without reason, a law not intended to support her in any way, she now learnt from the news that fanatic feminists want to make sex work illegal, thus driving sex workers underground. F. is afraid that she might again face a law that will criminalise her job.

Abolitionist feminists – feminists who want to prohibit prostitution – affirm they want to rescue victims of prostitution, but in fact, laws against human trafficking already exist. What they really want is to declare all prostitution illegal, including for those who voluntarily chose to engage in sex work. Their beliefs enforce the idea that no woman could ever freely choose such a job, just because they never would. “But that’s not the case where I’m concerned,” F. said. “I feel confident, and this is in fact a job I chose for myself. Nobody compelled me and I have no regrets.”

In F.’s view, the abolitionist feminist movement in Northern Europe is responsible for abuses against people like her. She told me how, after a rally to protest against the criminalisation of sex workers and their clients, some of those feminists confronted the protesters and spat on them. At a nearby alley, they also attacked two others sex workers who had left the group earlier. After they refused to accept a flyer, and after saying that they had actually participated in the protest, those abolitionist feminists insulted them, telling them they were “insensitive people who do not care about victims of trafficking”, and that they had been “brainwashed by male chauvinists”. They also told one of the sex workers, who was a transgender woman, that she had no right to express her opinion because transgender people were in fact men who perpetuated the very same “sick ideas about sexuality” held by men. Those abolitionist feminists acted just like members of anti-abortion movements who attack pro-choice women, and while they walked away, they continued to hurl insults and accusations at them.

“This is madness,” F. said. “Sex workers are against human trafficking and they fight in order to put an end to exploitation”. There are places where sex work is perfectly safe and legal. All that those verbal verbal attacks and the lies spread by abolitionist feminists through the media accomplish is to push sex workers underground, particularly migrants. F. explained how organisations who defend sex workers’ rights are constantly slandered by abolitionist feminists. But if it wasn’t for those organisation, many women engaged in sex work would not have access to STD (sexually transmitted diseases) prevention. What abolitionist feminists do is the very same some religious extremists do: by fighting against condom use, they actually facilitate HIV infections. According to abolitionist feminists, prostitution is a perverted way to express one’s sexuality, and it appears they would prefer the spread of sexually transmitted diseases in order to get rid of self-conscious sex workers.

Due to the activities by the prostitution abolitionist lobby and religious anti-porn groups, sex workers all over Northern Europe feel pessimistic. F. said she couldn’t stand to move to another country again. She said she became all too aware of what those fanatics were doing against her, when her son came back from school one day and asked her whether or not she was a free woman. F. heard about institutional decisions in favour of terminating sex workers’ custodial rights, and it’s only because her son is old enough – he is already attending high school – that she is not particularly afraid the same could happen to her.

“How is it possible that we are going backwards instead of making progress? Who are those women and why do they want to ‘save’ us even though there is no need for us to be rescued?” I replied that I wouldn’t know either. One thing is sure: they call themselves feminists and they are transforming the internal debates between different feminists into a sort of war between fundamentalism and secularism. As a result, it has become impossible to have any meaningful discussion without suffering their insults.

I asked F. if she would stay in Germany, if the government would go through with its plan to pass legislation requiring sex workers to register with the police, a measure last seen under the Nazis, and a number of other anti-libertarian impositions. She replied, “No. I’ll probably go to Switzerland or Austria. I don’t want to be thrown in jail again simply for doing a job that nobody forced me to do.”


Translation by Antonella Garofalo. Edited by Matthias Lehmann. Research Project Germany. I would like to thank Eretica Whitebread for her permission to reblog this article and Antonella for translating it from the Italian original.


Prostitution: Beyond an infantilising feminism

A relief work in Amsterdam's Oudekerksplein Photo by  J.M. LuijtBronze relief installed by an anonymous artist in Amsterdam’s Oudekerksplein (Old Church’s Square) in the heart of the city’s red-light district of De Wallen. Photo by J.M. Luijt (cc)

Germany’s federal government is currently revising the country’s prostitution regulation. Criminal Law Professor Dr. Monika Frommel notes improvements of the one-sided debate of late, but demands regulations, which respect the reality of sex work.

By Prof. emer. Dr. Monika Frommel

Please note that the copyright for this article lies with Dr. Monika Frommel and is not licensed under a Creative Commons License.

Will federal policy makers during the current legislative period succeed to regulate prostitution adequately? If their efforts would lead to yet another blockade, it would hardly come as a surprise; feminist objections and male privileges – according to the abolitionist women’s movement, active since around 1900 – as well as diverse conservative currents agreeing on the condemnation of the world’s oldest profession as “fornication” have been clashing on the subject of prostitution for over a hundred years.

While conservative double standards ostracise sex workers, feminist perspectives favour criminalising their clients. Although these positions contradict one another, they still unfold – to some extent jointly – destructive effects and, each in their own way, they cement Denkverbote [oppression of opinions that differ from their respective dogmas]. In the statement that prostitution supposedly violates “women’s dignity”, both camps have found a new, seemingly anti-discriminatory language.

In light of this deadlock, it is no wonder then that the Prostitution Act of 2002 (ProstG) was only ever a half-hearted attempt. The ambivalences of the last twelve years have also had tangible negative effects, because on the one hand, the majority of the Länder [German states] circumvented implementing aspects of the new federal law falling within their jurisdictions, and on the other hand, a regulation under the trade law didn’t occur in any of the Länder. Up until this legislative period, there hadn’t even been a debate about different non-criminal regulatory models.

Infantilising Feminism

In the past, this blockade was obscured through ever-new ethics debates and human trafficking campaigns, which, since 1992, originate from a specific understanding of feminism at the EU level. Those are the dark sides of the Nordic women’s movement that the rest of European women have long overlooked. For one, because they do not speak the Nordic languages, and also because they thought, theirs were all noble goals. In northern Europe, however, these two currents combined have resulted in an infantilising feminism.

“The rest of the European women have long overlooked the dark sides of the Nordic women’s movement.”

Its hallmark are campaigns on the international, European and national level. Since so-called “forced prostitution” can only be ascertained in extremely rare cases through criminal law, European institutions regularly demand from respective national legislators to introduce stricter provisions in their criminal law. But since bolstering the fight against “exploitation” and “human trafficking” has failed to yield results, even further legislative amendments are being demanded, and subsequently further national efforts to implement the already expanded EU directive against human trafficking. National legislators, on their part, do not even discuss anymore whether the European objectives can be achieved with such measures, and nobody’s asking if the directive hasn’t already been implemented, but instead they lean towards ‘waving laws through parliament’ that are dubious because they are vague. The rationale is fatalistic: it should be done since Europe demanded measures of this sort.

All this is being accompanied by media campaigns. The last climax occurred in 2013. Back then, the public debate was dominated by shrill and extremely repressive overtones. There was much talk about „forced prostitution“, and calls grew to „punish the punters“ [clients], since after all it were „men“ who were taking advantage of the “plight” of those working in the trade. Therefore, one would have to design measures that render the demand as risky as possible (embarrassing investigations, denunciation). It was also claimed, without supporting evidence, that only a small minority of sex workers was working of free will, while in contrast, the trafficking of adults and children (“children” being defined as any person under 18) was the norm. The empirically unproven assumptions and the downright absurd legal constructs surrounding the concept of “children” already demonstrate what sort of fundamental reservations were stylised here. For the most part, these are conservative prejudices re-formulated in a crooked feminist tone to render them attractive to people with only superficial knowledge of the subject matters.

Amendment of the Prostitution Act

In this legislative period, politicians have begun to shift and support groups to act pragmatically. The excessive polemics of people from one side of the divide has thus resulted in the growing willingness of politicians to see things realistically and argue factually. There is a chance, therefore, that after twelve years of contested and eventually fruitless debates, this legislative period will see an adjustment of the Prostitution Act in line with the changing economic conditions.

To understand the change over recent months, one should first look at the half-heartedly conceived bill from the previous legislative period, which aimed to regulate prostitution through administrative laws. It failed to achieve a majority vote in the Bundesrat [the Upper House of the German Parliament], and for good reason. Back then, Bremen had voted against the bill [together with other states governed by coalition governments of Social Democrats and Greens]. In 2014, the Saarland brought forward a motion for the Bundesrat to adopt a “key issue paper for the regulation of prostitution and brothel-like businesses”. [1]

But the Saarland’s motion was anything but progressive or realistic. It aimed to curb fictitious self-employment and stipulated the so-called “Freierbestrafung” [criminalisation of sex workers’ clients]. The motion was therefore predominantly designed to use administrative and punitive measures. No attention was paid to the working conditions of people in prostitution, especially not to improving these conditions sustainably or to raising the prices for sexual services, which are too low, for the benefit of sex workers, not just the operators. It is promising, therefore, that this decidedly too narrow approach was rejected by a resolution of the Bundesrat on April 11th, 2014.

„It was attempted to paternalistically and maternalistically defend sex workers’ right to self-determination against their will, as it were.”

Now the federal government has to move forward and face the complexity of the imminent reforms. The focal point is a law to “protect prostitutes”. It aims to regulate what had already been discussed as regulation under the trade law, but was never fleshed out or subjected to discussions by the different interest groups, as would have been appropriate. That is because police and the women’s movement were unduly focused on the subject of “human trafficking and forced prostitution”.

This fixation was paradoxical, but over recent months, it has been abandoned. It was paradoxical because both help groups attempted, paternalistically and maternalistically, to defend sex workers’ right to self-determination against their will, as it were, by using criminal and police laws. They did also have sex workers’ rights in mind, but in a completely different sense. What they aim to expand is mainly the right of residence for non-EU citizens who might have become victims of human trafficking and may therefore be potential witnesses [in criminal proceedings]. So they think primarily along the lines of criminal law.

Together with the Länder and municipalities, plans should be developed for a comprehensive range of safe street-based prostitution. The trend in 2013 went the wrong direction. The Dortmund Model – legal street-based prostitution with Verrichtungsboxen [love boxes] – was terminated by the city of Dortmund, unlawfully and unconstitutionally. A sex worker who lodged a complaint won her case at the administrative court of Gelsenkirchen. [2] Should this decision stand, then municipalities will no longer be able to arbitrarily expand [prostitution] off-limit zones, unless in cases, where public order, especially the protection of minors, concretely warrants it, i.e. when actual facts are presented, and not just for exploiting general fears over a sudden influx of migrants who force their woman into prostitution.

Data protection and Self-employment

In the debate over the future law, one aspect will play a central role, which one could almost overlook when first reading the key issues paper by the Ministry of Women’s Affairs. On the one hand it is the question of fair pricing, and on the other hand control under the trade law and the mandatory registration of individual sex workers. As stated in the preliminary key issues paper from August 2014, all sex workers will be subject to mandatory registration, i.e. a duty of disclosure, at the respective municipality. According to this approach, they would receive verification documents, which they would then have to produce upon request.

Obligations of this sort are highly problematic when they extend to all types of activities. If sex workers work at a brothel or comparable business and one wants to prevent circumvention of tax liabilities, shouldn’t it be sufficient for the operator to produce their data so that the sex workers remain anonymous? After all, operators are subject to strict control and are required to keep copies of the sex workers’ permits. So when the operators and their administration are strictly controlled, the data security of the sex workers should not have to be jeopardized.

Converted parking ticket machine in Bonn for tickets to use in tax statement of sex workers Photo by Sir JamesConverted parking ticket machine in Bonn for tickets to use in tax statement of sex workers.
Photo by Sir James (
cc)

Where there is no operator, as in street-based prostitution, it stands to reason to enforce general identity card requirements and flat-rate taxation (via tax machines). There are further concerns: if people work only occasionally at a business, their mandatory registration is problematic since guaranteeing data security in a digitalised world effectively is already uncertain, even in places where it shouldn’t be. [3] Besides, before any standardisation of mandatory registration, it should be clarified whether individual sex workers in fact carry on a trade or rather practice a freelance occupation sui generis [unique in its characteristics]. This is also relevant to the question if they, too – and not just the operator – must pay value-added tax.

“The last twelve years have shown that sex workers want to work independently and do not wish to be forcibly outed.”

There is an even more problematic aspect. Under the programmatic slogan “Prostitution – The Augsburg Model” [4], Helmut Sporer, a speaker for the Bavarian police, together with the public prosecutor’s office in Augsburg, initiated preliminary proceedings against the Colosseum, a brothel-like sauna club, for dirigiste pimping (instruction for those working there to remain naked while in the sauna area) and the failure to pay social security contributions and payroll taxes (§ 266a StGB, German Criminal Code). [A1] In a complaints procedure in 2010, the Higher Regional Court in Munich refused to open proceedings – with reference to the Prostitution Act. [5]

Ever since, the rule applies that “integration into a brothel business” serves as an indicator of non-independent employment (§ 7 Abs. 1 SGB IV, German Social Code) and fictitious self-employment. The defence disproved this assumption with an expert opinion. [6] Since then, attempts have been made to determine by law that integration into a brothel business constitutes an indicator of non-independent employment.

The key issues paper also refers to this debate. Under the heading “Legal relationship between prostitutes and operators”, the actual circumstances are pitted against the wish of sex workers to [be able to] leave at any time. Instead of focusing on the danger of economic exploitation as criterion for operators’ control, fiscal aspects dominate yet again.

Anyone who wants to “protect prostitutes”, to quote the name of the new law, must limit her- or himself to forcing operators to be more transparent, and to allowing those working in their businesses more access to files and counsel. One should not put sex workers into a position in which they rather choose a tolerance model again. After all, the last twelve years have shown that sex workers want to work independently and do not wish to be forcibly outed. It is simply a specific occupation. Occupations differ, one from the other. Blanket criminal proceedings due to the failure to pay social security contributions and payroll taxes offer no protection but create only new repressive powers and substantial regional differences. Both are counterproductive.

About Dr. Monika Frommel

Prof. emer. Dr. Monika Frommel -  Photo usage worldwide

Dr. Monika Frommel is an emeritus criminal law professor. She studied Law at the University of Tübingen and at the Ludwig Maximilians University Munich, where she obtained her doctorate in 1979 and received her habilitation in 1986. Until 2011, she was the director of the Institute of Sanction Law and Criminology at University of Kiel. Since 1990, she is a co-editor of the legal journal Neue Kriminalpolitik. Her current research interests include criminology from a feminist perspective, in particular the reform of sexual criminal law, and ethics in reproductive medicine.

Photo: Usage Worldwide


Footnotes

[1] Bundesrats-Drucksache 71/14, 26.02.2014. [English: Key Issues Paper for a Law to Protect Those Working in Prostitution (Prostitutes Protection Law, ProstSchG)]
[2] Az 16 K 2082/11, 21.03.2013 (noch nicht rechtskräftig).
[3] Sex workers fight against mandatory registrations for good reasons. Although tax authorities normatively guarantee data privacy, it cannot actually be guaranteed, and the Labour Inspectorate doesn’t guarantee it anyway. Therefore, one should forego general mandatory registrations, if there is anyway an operator who can be controlled. It might differ for street-based prostitution, where sex workers cannot rely on the right to data privacy anyway, since they are publicly visible.
[4] Helmut Sporer: „Prostitution – Der Augsburger Weg“ in: Kriminalistik 2010, S. 235-240.
[5] Az 3 Ws 101-105/10, 20.04.2010.
[6] Von Prof. Dr. Dagmar Felix, Hamburg.

[A1] The 2007 Report by the Federal Government on the Impact of the Act Regulating the Legal Situation of Prostitutes (Prostitution Act) stated that “operators expressed some uncertainty as to whether and under which conditions the stipulating of place of work, hours of work and prices for certain services went beyond what was legally possible and made them liable to punishment for exploitation of prostitutes (Section 180a(1) Criminal Code) or pimping (Section 181a(1) No. 2 Criminal Code, “dirigiste pimping”). Regional differences in criminal prosecutorial practice added to this uncertainty. For example, the Public Prosecutor‘s Office in Munich in 2003 stated that “the one-sided stipulation of working hours by brothel operators is to be classed as so-called dirigiste pimping within the meaning of the aforementioned provisions and thus to be prosecuted” (cf. S oFFI K I , Section II.2.1.4.4). A decision by the Federal Court of Justice of 1 August 2003 (Federal Court of Justice, ref. 2 StR 186/03; Decision of the Federal Court of Justice 48,314 and NJW 2004, p. 81 ff.) created legal clarity by stating that the operator of a brothel may not stipulate the type and extent of prostitution to be engaged in. However, as long as a prostitute was voluntarily working in a brothel or brothel-like establishment, the mere fact that he/she was integrated into an organisational structure on account of the stipulating of fixed working hours, places of work and prices did not make it punishable (cf. also B.VIII.1 below, and Renzikowski §§ 83, 89).”


Translation by Matthias Lehmann. Research Project Germany. I would like to thank Dr. Frommel for her permission to translate her article, and Frans van Rossum for his excellent comments on the first drafts of this translation. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions. The photos above did not appear in the original article. Footnote A1 was added for further clarification.

The German original of this article was first published as “Prostitution: Jenseits des Bevormundungsfeminismus” at NovoArgumente (November 24th, 2014). Please note that the copyright for this article lies with Dr. Monika Frommel and is not licensed under a Creative Commons License.


Further Reading

A law to protect society from an imaginary evil – Includes a full translation of the Key Issues Paper for a Law to Protect Those Working in Prostitution (Prostitutes Protection Law, ProstSchG)

“Moralising Law”: Reform Proposals for the German Prostitution Act – Interview with Fabienne Freymadl, Political Spokeswoman for the Professional Organisation for Erotic and Sexual Services (Berufsverband erotische und sexuelle Dienstleistungen, BesD)

More Rights For Victims of Human Trafficking – Interview with Heike Rabe, Policy Advisor at the German Institute for Human Rights (Deutsches Institut für Menschenrechte)

Lies & Truths about the German Prostitution Act – An Introduction for the Uninitiated

“I thought it was all different!” – Video highlights from a symposium about the German Prostitution Act in December 2013, where Dr. Frommel was among the panellists


Лъжи и истини за германския закон за проституцията

Please click here to read the English version of “Lies & Truths about the German Prostitution Act”. Se il vous plaît cliquez ici pour lire la version française de “Mensonges & Vérités autour de la Loi Allemande sur la Prostitution”. Clicca qui per leggere la versione italiana di “La Legge Tedesca sulla Prostituzione: Bugie e Verità”.

Въведение за незапознатите

Stamp from Deutsche Post AG from 2001, Pinocchio Source Wiki CommonsМитовете, които циркулират за германското законодателство за проституцията са идеален пример за това как когато повтаряш една лъжа многократно, тя започва да бъде приемана за „истина”. И тъй като противниците на проституцията и някои политици от други държави често използват Германия като пример за уж провала на легализацията на проституцията, списъкът по-долу разглежда някои от често срещаните твърдения за германския Закон за проституцията от 2002 година. Списъкът съвсем не е изчерпателен и информираните читатели няма да открият в него нищо ново. Единствената му цел е да предостави доказателства, които оборват погрешните представи и лъжите, които за съжаление твърде често се появяват в медиите и други източници.

Лъжа: Германия легализира проституцията през 2002 година.

Истина: Проституцията в Германия е легална през по-голямата част от 20ти век. Целта на Закона за проституцията от 2002 г. (ProstG) е да подобри юридическото и социалното положение на проституиращите и да премахне съществуващата дотогава представа за проституцията като нарушение на обществения ред. (more…)


“La Riforma della legge sulla prostituzione non protegge i lavoratori del sesso, vuole proteggere la società dalla prostituzione”- Intervista a Tanja dell’associazione lavoratori del sesso BesD

Sex workers protest in Nuremberg, August 2014. Photo by Voice4Sexworkers. All Rights Reserved.

“La vostra protezione è oppression” Nel mese di Agosto 2014, i lavoratori del sesso hanno protestato a Norimberga in Baviera, quando il Ministro della Famiglia Manuela Schwesig, principale promotore della riforma della legge sulla prostituzione in Germania, ha visitato un centro di consulenza per i lavoratori del sesso. Foto di Voice4Sexworkers

Questa intervista è di Arianna G. per la rivista Kaufmich, una pubblicazione per escort e clienti. Please click here to read the English version of “Interview with Tanja from sex worker association BesD”.

Tanja Sommer è escort e attivista per i diritti dei lavoratori del sesso

Ariane: Quanti anni hai e dove abiti?

Tanja: Ho vissuto in Baviera negli ultimi dieci anni, in una bella zona dell’Alto Palatinato, a Regensburg, per l’esattezza. Ho 53 anni, questa è la mia età reale, probabilmente non sono la escort più giovane, ma non posso lamentarmi di mancanza di interesse da parte degli uomini.

Ariane: Da quando lavori come escort?

Tanja: Ho fatto le mie prime esperienze otto anni e mezzo fa, e da otto anni sto lavorando in modo indipendente.

Ariane: Hai avuto esperienze con diversi tipi di lavoro sessuale?

Tanja: Anzitutto io sono curiosa, inoltre fin dall’inizio ho conosciuto via Internet altri colleghi, così ho potuto visitare e provare diversi luoghi di lavoro. Qualche volta ho anche scritto dei rapporti su quei luoghi. Ho iniziato in un salone di massaggio in un appartamento, ho fatto “outcalls” in case private e alberghi,ho lavorato come escort con il sito escortservice, poi ho lavorato in un appartamento che ho arredato insieme ad altre colleghe. Ad un certo punto ho voluto conoscere di persona quelli che avevo incontrato su Internet e così sono andata da loro per vedere come era il lavoro in altri contesti. Ho lavorato in una casa privata, la “Susie” a Pirmasens, che è ancora una delle più belle location che io abbia mai visto. Ci sono appartamenti condivisi da diverse colleghe e da una signora, oppure si possono affittare singoli appartamenti per conto proprio.

Volevo anche conoscere i club, dal momento che Nasti, un collega, stava lavorando in uno di questi, così sono andata più volte al Sakura a Böblingen, e una volta al Paradise di Leinfeld-Echterdingen [nei pressi di Stoccarda], una volta sono anche andata al famigerato Pussyclub a Fellbach. Per me è stato molto educativo . Attraverso i colloqui con le colleghe e le intuizioni che ho avuto, ho cambiato la mia opinione sui club a tariffa forfettaria. Ho anche dato un’occhiata ai Laufhäuser e ho affittato una camera. Nel corso del tempo ho trovato la mia nicchia, e ora sto lavorando quasi esclusivamente come escort o faccio outcalls negli alberghi. Quando sono a casa, i clienti possono farmi visita nel mio grazioso appartamento e passarci la notte. (more…)