Forced prostitution

Facts about forced prostitution – Legal situation

Human trafficking is a criminal offence in Germany. Forced prostitution as a form of human trafficking is governed in § 232a of the German Penal Code (StGB). Forced prostitution is also punishable under the umbrella of “exploitation of prostitutes” and “pimping”.

Overview of contents

Forced prostitution is human trafficking for the purpose of sexual exploitation.

Human trafficking is a form of international organised crime. It is the fastest growing type of crime worldwide.

Human trafficking has many facets. On the one hand, criminals use the economic and social crisis in so-called emerging and developing countries to give people hope of a better life by luring them under false pretences and then forcing a dependency by means of threats, violence or debt bondage. On the other hand, people grow up in exploitative systems and are conditioned to be exploited as slaves, knowing no other way.

People are treated like goods: they are bought, sold and systematically exploited – human trafficking is modern slavery.

Human trafficking is officially broken down into different types:

  • Labour exploitation
  • Bonded labour or debt bondage
  • Prostitution or other forms of sexual exploitation → Forced prostitution
  • for the purpose of organ trafficking
  • unique to children: as child soldiers, for adoption, for begging, stealing or robbery

Definition of human trafficking

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (the Protocol) defines human trafficking as follows:

“Trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse
of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.”

Human trafficking therefore always comprises three components:

  1. The act: recruitment, transportation, transfer, harbouring or receipt of persons
  2. The means: threat or use of force or other forms of coercion, of fraud, of deception, of the abuse of power or of a position of vulnerability
  3. The aim: Exploitation

German laws on prostitution, forced prostitution and human trafficking

§ 232 of the German Penal Code (StGB) defines the criminal offence of human trafficking in Germany. Forced prostitution as a form of human trafficking is outlined in § 232a of the German Penal Code (StGB). This is also punishable under § 180a StGB with regard to exploitation of prostitutes and § 181a StGB on pimping.

How is prostitution legally regulated in Germany?

Since 2002, prostitution in Germany is no longer considered immoral but is rather a recognised trade. The Prostitution Act has been in force since 2017. It sets out rules around the topic of prostitution to prevent force and exploitation, and to protect those working in prostitution. It primarily comprises the obligation to health advice, registration as a prostitute and a licence requirement to run a prostitution network.

Further information about the Act is available here:

Prostitution figures in Germany

In general, there are very few reliable figures on the topic of prostitution in Germany. Coercion and exploitation occur in secrecy, which is why this area is always confronted with a large dark figure that is difficult to statistically assess.

Since 2017, the Federal Statistical Office has been required to statistically record registered prostitutes and prostitution establishments.

Statistics on prostitution in Germany

Destatis: Gültig angemeldete Prostituierte 2021 in Deutschland nach Bundesländern
Quelle: destatis.de

Statistics from the Federal Statistical Office

The Federal Statistical Office in Germany is obligated to collect data on prostitution and provides the following information:

Valid registered prostitutes in Germany: 23,743 as of December 31, 2021 (24,940 persons in 2020; 40,369 persons in 2019) Source: Valid registered prostitutes in Germany – Federal Statistical Office (destatis.de)

Valid permits for a prostitution business in Germany: 2,286 as of December 31, 2021 (1,600 as of December 31, 2020) Source: Valid permits for a prostitution business in Germany – Federal Statistical Office (destatis.de)

The office reports that 93% of the prostitution businesses reported at the end of 2021 were prostitution establishments (such as brothels). Prostitution agencies, vehicles, and events accounted for a combined 7% of the permits. Source: Federal Statistical Office (destatis.de)

It becomes clear that despite the legal requirement for registration, very few people are actually registered, and the realm of prostitution largely operates in the shadows.

Nationality of registered prostitutes in Germany

According to the Federal Statistical Office, only around a fifth of registered prostitutes are German nationals. The three most common foreign nationalities were Romanian (8,600 people), Bulgarian (2,600 people) and Hungarian (1,500 people).

Source: Around 23,700 prostitutes registered with authorities at the end of 2021 – Federal Statistical Office (destatis.de)

Prostituierte mit gültiger Anmeldung

BKA – Federal Situation Report on Human Trafficking Data from 2022 (→ bka.de)

  • Investigations into human trafficking for the purpose of sexual exploitation: 346 proceedings (+18.9% change on the previous year), with 476 identified victims (+14.1%) and 488 suspects (+24.8%).
  • 27.9% of the victims in the preliminary proceedings come from Germany.
  • Approximately one third of the victims whose age could be determined were under 21 years old. As in the previous year, the average age is 27 years.
  • 19.1% of the victims identified were recruited using the loverboy method.
  • The shift in exploitation from street prostitution and brothels to residential prostitution continues.
  • 16.4% of victims had an official registration under the Prostitution Protection Act (2021: 10.1%) 70.7% were in prostitution illegally: due to unauthorized residence in Germany, due to being underage, working in unauthorized businesses or as part of the ban on prostitution during the COVID-19 restrictive measures.

Study on the Situation of Prostitutes in Germany from 2004

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth conducted a major study in 2004, surveying women in prostitution about their life situations.

Women in prostitution in Germany reported in the study:

  • Before the age of 16
    • Experienced violence between parents 56%
    • Experienced violence by parents 73%
    • Experienced regular sexual abuse 43%
  • Since the age of 16
    • Experienced physical violence 87% (including 34% threatened with weapons, 38% beaten, 37% threatened with murder, 62.6% painfully kicked)
    • Experienced sexual violence 59%
    • Experienced psychological violence 82%
  • 35% have been imprisoned, tied up, or had their freedom of movement restricted against their will at least once
  • 24% have struggled with suicidal thoughts
  • 88% use substances such as painkillers, psychotropic drugs, and drugs

Source: bmfsfj.de

 

Study on experiences of violence and post-traumatic stress disorder among women in prostitution

In 2004, researcher Melissa Farley interviewed 854 women from nine countries (Canada, Colombia, Germany, Mexico, South Africa, Thailand, Turkey, USA, Zambia) and found the following:

  • 71% were physically assaulted in prostitution
  • 63% were raped in prostitution
  • 89% of respondents wanted to leave prostitution but saw no other way to survive than through prostitution
  • 75% had experienced homelessness at some point in their lives
  • 68% met diagnostic criteria for post-traumatic stress disorder

You can read the whole study here:

Prostitutionin9Countries.pdf (prostitutionresearch.com)

Read more in our blog