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prostitution

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901

KI 82/16

The applicant, a local employee of the UN mission in Kosovo, was arrested and charged with various criminal offenses, including facilitating or compelling prostitution (Article 241 of the Criminal Code of Kosovo).  The Basic Court found him guilty and sentenced him to 14 years imprisonment.  The Court of Appeal affirmed the guilty verdict.  The applicant filed a request for protection of legality with the Supreme Court, which rejected the request.

Loi relative à la santé sexuelle et à la reproduction (Act No. 2003-04 relating to Sexual and Reproductive Health)

This law creates a right to access reproductive health services in Benin without discrimination.  The law ensures access to reproductive health care and makes it a fundamental human right. The law lists several violations of the right to sexual and reproductive health, including all forms of sexual violence against women and children, female genital mutilations, pedophilia, voluntary transmission of HIV, exploitation in all its forms, forced prostitution of women and children, and forced marriages.

Ministerio Publico v. Jose Luis Castro

The defendant was charged with trafficking in persons. He was accused of recruiting Peruvian women to come to Chile, where they then were engaged in prostitution. The defendant used an employment agency in Peru to recruit the women, who signed labor contracts to serve as waitresses in the defendant’s premises. The women victims were forced to wear provocative clothing and drink alcohol with the premises’ clients. There also was prostitution at the premises. The defendant was found guilty and sentenced to six years in prison.

 

Schweizerisches Strafgesetzbuch/Swiss Penal Code, Article 196: Sexual Acts with Minors Against Payment

Provides for criminal penalties of imprisonment for not more than three years or a monetary penalty for any person who carries out sexual acts with a minor or induces a minor to carry out such acts in return for payment or promises of payment. Unofficial English translation available here

Sentencia Número 677 (Ruling 677)

In 2010, Spain amended its Penal Code by enacting Article 177 to prohibit human trafficking. Spain did so in response to international human rights agreements regarding human trafficking. This ruling was the first conviction under this new article. Two women reported to authorities that the defendants had lured them from Paraguay under false pretenses, forced them to work as prostitutes, and physically and emotionally assaulted them.

State of Maharashtra v. Indian Hotel & Restaurants Association

The Bombay Police Act, 1951 was amended in 2005 with the object of securing public order, morality, dignity of women, and reducing exploitation of women including trafficking of minor girls. Section 33A was inserted that prohibited performance of all types of dance in eating houses or permit rooms or beer bars. Section 33B was inserted that permitted three star hotels and Government associated places of entertainment to hold dance performances.

The Republic v. Banda, et al.

On February 23, 2016, 19 women were arrested by police and jointly charged “for the offence of living on the earnings of prostitution” in violation of § 146 of the Penal Code of Malawi (the “Penal Code”) ( ¶ 1.1). A Fourth Grade Magistrate in Dedza convicted them “on their own plea of guilt” and fined them MK 7,000.00 each (¶ 1.2). The police lacked evidence to prove the charge against them. In addition, the women did not have legal representation during the proceedings, including when their guilty plea was recorded.

U.S. v. Robinson (2012)

In U.S. v. Robinson, 702 F.3d 22 (2012), a federal grand jury convicted the defendant-appellant of child sex trafficking in violation of 18 U.S. Code § 1591. A victim testified that she started dating the defendant when she was 17 years old but had told him and others that she was 19 years old. She insisted that the defendant was only living off her income as a prostitute and was not a pimp facilitating prostitution.

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