Skip to main content

Sex work

Sex work is the consensual exchange of sexual services for money or goods, carried out as a form of labor and economic activity. It is distinct from trafficking, which involves coercion, force, or exploitation and is not voluntary.

Case No. B 1041-01 – the Prosecutor v. M.N.

M.N. was convicted for attempting to purchase sexual services from a woman, which is a criminal act under Chapter 6 Section 11 and Chapter 23 Section 1 of the Swedish Penal Code. The court considered whether the “attempt point” had been reached, which is a prerequisite for the attempt to be punishable. To constitute a criminal attempt, it is required that the offender begin the crime without reaching its completion. There must also be a risk that the act will lead to the completion of the crime.

Connecticut General Statutes § 53a-82 Prostitution

Section 53a-82 makes it unlawful for any person eighteen years of age or older to engage, agree to engage, or offer to engage in sexual conduct for a fee. The offense applies whether the act is completed or merely solicited, emphasizing that the exchange of sexual conduct for money itself constitutes the violation. A first offense is classified as a Class A misdemeanor, which is punishable by up to one year in jail, a fine of up to $2,000, or both.

Criminal Law (Sexual Offences) Act 1993

In addition to abolishing the offence of buggery (sodomy) between adults, this Act codifies the law relating to sex work (referred to as ‘prostitution’), with the starting point being that it does not make prostitution itself illegal. However, the Act does not define ‘prostitute’. Section 1(2) defines ‘prostitution’ as occurring where “a person solicits or importunes another person for the purpose of obtaining that other person’s services as a prostitute,” or where they solicit or importune another person on behalf of a third person for the purposes of prostitution.

Lais vs Pandemo Club propiedad del Sr. Zoto (Lais vs Pandemo Club owned by Mr. Zoto) (Sentencia T-629-10 - Acción de Tutela; Expediente T-2384611)

The case concerned labor rights and protection of sex workers. The plaintiff, a sex worker, sued her former employer for firing her after she became pregnant. Under articles 236 and 239 of the Colombian Labor Code, a pregnant woman is subject to special labor protection, and therefore cannot be fired without cause and without authorities’ permission. The court consisdered whether pregnant sex workers should have the same labor protection as other professions.

Lei n. 24/2019: Parte Especial, Título Um, Capítulo Sete, Seção Três

This section outlines the punishments for prostitution. Anyone who promotes or facilitates prostitution by a woman is subject to one-two years in prison, but anyone who promotes another’s prostitution through violence, fraud, abuse of authority, or exploitation of the other’s situation is punishable with two-eight years in prison. Whomever habitually partakes in prostitution with someone under the age of 18 can be imprisoned from two-eight years or be fined for up to one year.

New Jersey Revised Statutes § 2C:34-1 Prostitution and Related Offenses

Section 2C:34-1 of the New Jersey Criminal Code sets out the state’s laws on prostitution and its related crimes. It is illegal to engage in prostitution, to promote or profit from it, or to compel another person to participate in sexual activity for money or anything of value. When coercion or exploitation is proven, human trafficking serves as an affirmative defense.

Penal Code 2014: Lei nº 35/2014

The Code defines certain crimes and their penalties. The Code includes provisions defining and prohibiting sexual assault and domestic violence. The Code legalizes abortions performed within 12 weeks of gestation. The Code also eliminates attenuating circumstances previously associated with the crime of rape, such as the possibility of acquittal in cases where the perpetrator married the victim. In addition, the Code decriminalizes prostitution.

Penal Code Chapter 7:01, Chapter XV: Offences against morality (abduction, forced marriages, and sex work)

Per section 135, taking or detaining a woman of any age against her will for the purpose of marrying or engaging with her sexually (either for oneself or for another) is prohibited and punishable by seven years of imprisonment. Section 136 prohibits taking a child from the custody or protection of a parent or lawful caregiver against the will of such parent or caregiver and punishes the offence as a misdemeanor.

Prohibition on Prostitution Consumption Law of 2020

The Prohibition on Prostitution Consumption Law aims at reducing sex work by banning its consumption as part of an integrated process, which also includes education and explanation to the public and the expansion of treatment and rehabilitation for people in sex work. The law determines the administrative offense of “consumption of prostitution” that any person who pays for or attempts to pay for sex is breaking the law and may be fined a fine of 2,000 NIS. For a repeat offence, the fine is doubled to 4,000 NIS.

Subscribe to Sex work