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Defendant X was condemned under Article 433quinquies and 733septies of the Penal Code for human trafficking with the aim of exploiting three women by prostitution. The fact that the women may have given their consent, and came to Belgium for the specific purpose of prostituting themselves, was considered irrelevant. The Court of Appeal further considered irrelevant the possibility that the women in question had been active in prostitution before. The key test is whether there has been exploitation, and that this is the case when direct or indirect benefit is derived by the exploiter from the income generated by the prostitution, and this becomes the exploiter’s main source of income, regardless of whether the exploiter lives with, or is married to, the prostitute.



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