Prostitution in Germany

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Brothel in the 15th century (drawing by the master with the rolls of tape , around 1465)

The practice of prostitution in Germany ( FRG ) was and is in principle permissible, but in principle the prostitution of minors , forced prostitution and the practice of prostitution in a restricted area are punishable ( § 184f StGB ). In 2000, the Berlin Administrative Court declared prostitution no longer immoral . The paradigm shift expressed in it through a civil law reassessment should lead from the previous “protection against prostitution” to “protection in prostitution” in order to respect people's decision to work in prostitution and to strengthen their rights. Nevertheless, their assessment remains socially inconsistent. A controversial debate on the reform of the Prostitution Act (ProstG of 2001) led to the Prostitute Protection Act in 2016 (ProstSchG). The so-called Nordic or Swedish model has not been passed by the legislator. Thus, even after the reform of the Prostitution Act, a very liberal practice remained in Germany by international comparison. At the end of 2019, 40,400 prostitutes were officially registered in Germany ( see below ).

history

Scene from a Brunswick brothel (1537)
Hamburger Herbertstrasse (1890)
A pimp in Berlin waits for a prostitute after her medical check-up (1890)
German soldiers in a French Wehrmacht brothel (1940)
Red light district of Frankfurt / M. (2005)
Entrance to the Nuremberg red light district at the Frauentormauer (2018)
Hamburger Herbertstrasse (2009)
Reitwallstraße in Hanover (2009)

The establishment of official women's shelters began in Germany in the 13th and especially in the 14th and 15th centuries. There were urban brothels in almost all of the larger settlements. The taxes went to the respective city.

At the Council of Constance (1414-1418) 1500 prostitutes are said to have been  in the city, at the Basel Council (1431) in 1800. The chroniclers recorded an uprising of former whores in 1492 in the monastery of St. Maria Magdalena zur Busse in Cologne- Eigelstein , probably because of Forced labor . Against the background of the spread of syphilis , Charles V banned women's shelters in the entire Holy Roman Empire of the German Nation in 1530.

In 1794, § 999 of the Prussian General Land Law stipulated that "dissolute women [...] had to go to whore houses tolerated under the supervision of the state". Women “who want to run a trade with their bodies” were considered to be “dissolute women”.

In contrast, it was not until the so-called Bremen Regulations of 1852 stipulated that prostitution was "not a trade in the true sense". Through this distinction between prostitution and legal trade, the immorality was directly anchored in legal terms. The penal code of 1871 prohibited brothels and “commercial fornication”. Paragraph 361 number 6 in the version of 1876 only threatened with punishment if a woman prostituted herself outside police supervision.

20th century

Prostitutes in Germany (1999)

At the beginning of the 20th century, prostitution was considered "harmful to the community". The yardstick for good morals was "the decency of all those who think cheaply and justly" according to a formula developed by the Imperial Court in 1901 (RGZ 48, pp. 114, 124). Nevertheless, various brothel and Laufhaus districts existed or emerged in the 20th century, such as Helenenstrasse in Bremen (since 1878), Linienstraße in Dortmund (since 1904), Stahlstrasse in Essen (since around 1900), the Rampenloch in Minden (since 1908) , Im Winkel in Bochum (since around 1912), and Flaßhofstrasse in Oberhausen (since 1910 and 1963).

The Reichsfinanzhof ruled in 1923 that prostitutes did not provide any benefits in terms of tax law, the wages remained tax-free. He ruled again in 1931 that a woman's physical devotion was not an activity. In 1927 the venereal disease law was discussed and passed; it went hand in hand with a decriminalization of prostitution.

During the Second World War , the German Wehrmacht set up around 100 Wehrmacht brothels in the occupied territories , including in France, Poland, Italy and Norway. Lothar-Günther Buchheim described his impressions from Brest : “When a thick ship came in , the hookers just stayed between the numbers.” Military prostitution was regulated: “You can only visit the brothel approved by the troop leadership. Always use a condom (rubber protection) and get sanitized after sexual intercourse. ”There was a disinfectant syringe in the urethra for the German soldiers .

The Reichsfinanzhof ruled on tax liability in 1943; similar to the Supreme Tax Court in 1948. In post-war western Germany, prostitution was legal but immoral . In Frankfurt in the 1950s, the high-class prostitute Rosemarie Nitribitt was known locally; her murder in 1957 attracted attention nationwide. Her clientele also included celebrities.

The law to combat sexually transmitted diseases (GeschlKrG) of 1953 authorized the health authorities to restrict the basic rights to physical integrity and freedom of the person for the purpose of combating sexually transmitted diseases . People with frequently alternating sexual intercourse (formerly the official German term for prostitutes) had to undergo the required vaginal smear at the medical officer on the gynecological examination chair (Bock). Some federal states also authorized the individual health authorities to regulate themselves, so that in some municipalities the compulsory examinations were abolished as early as the 1980s.

The classification of prostitution as harmful to the community was confirmed by the judgment of the Federal Administrative Court in 1965, in which prostitution was equated with activity as a professional criminal (BVerwGE 22, pp. 286, 289). In 1965 it was assumed that there were around 45,000 female prostitutes in West Germany.

The Federal Administrative Court ruled on July 15, 1980 that prostitution, as an immoral and in various respects socially adverse activity, was not part of economic life in the sense of the EC Treaty and could therefore not justify the right of free movement under Community law. On the part of the sex workers, counseling associations such as Hydra , Madonna and Huren defend themselves together as well as the professional association for erotic and sexual services were founded.

According to a survey by Infratest dimap from 1999, over 70% of the age groups between 18 and 59 years answered the question of whether prostitution should be a recognized profession with tax and social security obligations. 66% of men and 69% of women were in favor. Methodologically, however, the survey was criticized insofar as it was asked about “duties” and not about “rights” for prostitutes. According to the critics, a different formulation could have led to different results.

On December 1, 2000, based on the lawsuits of the prostitution activists Felicitas Schirow - in the case of the Cafe Pssst brothel  - and Stephanie Klee , the Berlin Administrative Court ruled that voluntary prostitution, regardless of a moral judgment according to the socio-ethical values ​​recognized today, can no longer be viewed as immoral. Before the Prostitution Act came into force in 2002 , the Berlin Administrative Court soberly assessed sexual service as a social reality.

21st century

Suitors in a Berlin brothel (2001)

On January 1, 2001, the law to combat venereal diseases expired and was replaced by the Infection Protection Act (IfSG), which relies on voluntary offers of help from the health authorities in relation to the control of infectious diseases instead of official controls and coercive measures. Shortly after the abolition of the Bockschein , Bavaria introduced compulsory condoms for female and male prostitutes and their customers in its ordinance for the prevention of communicable diseases with effect from May 16, 2001 .

In September 2001 the Federal Administrative Court appealed to the European Court of Justice (CJEU) in the case of the expulsion of a prostitute from another EU member state, here the Netherlands, from Germany (BVerwG 1 C 17.00 - decision of September 18, 2001). With its decision of November 20, 2001 ( Jany decision ), the ECJ made it clear that it recognized prostitution as a self-employed activity in accordance with Article 43 EC Treaty, 44 Europe Agreement EC / Poland, 45 Europe Agreement EC / Czech Republic and as part of community economic life in accordance with Article Art. 2 of the EC Treaty .

The following reforms from 2001 (in particular the Prostitution Act of December 20, 2001) in Germany largely abolished the immorality. The law was passed on December 14, 2001 with the votes of the SPD , Bündnis 90 / Die Grünen , FDP and PDS against the votes of the CDU / CSU . Among other things, prostitutes have been entitled to remuneration according to the law since then. Since the Prostitution Act came into force in 2002, the judges have relied on Section 1 of the Prostitution Act when assessing immorality : "If sexual acts have been carried out for previously agreed remuneration, this agreement constitutes a legally effective claim". However, the customer has no right to receive the (prepaid) sexual service.

In the course of liberalization, new large brothels (so-called “sauna and nudist clubs”) were created, each with a large number of prostitutes. Large brothels include the Colosseum in Augsburg, which opened in 2004, the Artemis in Berlin (3000 m², opened in September 2005) and the Paradise in Stuttgart (5800 m², opened 2006). As a special form, “flat-rate brothels” or “flat-rate clubs” called large brothels, in which no additional fees are charged for the sexual services beyond the entrance fee.

In January 2007, the Federal Government's report on the effects of the Prostitution Act 2007 was presented. The then Federal Minister for Family, Seniors, Women and Youth Ursula von der Leyen did not want to reverse the changes made by the red-green previous government, although her party had opposed the introduction of the Prostitution Act; However, they wanted in January 2007, following the example of Sweden customers of prostitutes and victims of trafficking criminal can be followed. In contrast, the Minister of Justice of Bavaria Beate Merk demanded in January 2007 that the reform of the previous government be withdrawn, at least in criminal law, and that this loophole should be closed.

In June 2013, the coalition of the CDU, CSU and FDP in the Bundestag presented the draft of a “law to combat human trafficking and surveillance of prostitution sites” (printed matter 17/13706). It was rejected by the invited experts in the public hearing of the Legal Affairs Committee on June 25, 2013 for various reasons and stopped by the red-green majority of the Federal Council shortly before the end of the legislative period.

In November 2013, the appeal against prostitution and the appeal for prostitution were followed by a controversy about the need for new regulations in the field of prostitution.

In the coalition agreement for the 16th electoral term negotiated between the CDU / CSU and the SPD after the 2013 federal election , a “comprehensive revision” of the Prostitution Act was announced. In this context, the legal basis for inspections of prostitution sites by the regulatory authorities should be improved. In the same section of the coalition agreement, albeit without a direct legal connection to the Prostitution Act, the governing parties also announced measures against forced prostitution and human trafficking. In this way, the victims should be better protected and corresponding offenders punished more consistently. In future, action should also be taken against people “who knowingly and willingly exploit the plight of the victims of human trafficking and forced prostitution and who abuse them for sexual acts”.

In April 2014, following a motion from the Saarland , the Federal Council spoke out in favor of a factual debate and differentiated measures to regulate prostitution and prostitution facilities; The Federal Council described the introduction of a punishment for customers (suitors) as a counterproductive measure. The deputy leader of the SPD parliamentary group Eva Högl spoke out in October 2014 in favor of punishing customers if they seek out forced prostitutes; this was implemented on October 15, 2016 through the introduction of Section 232a (6) StGB. However, a higher punishment than sexual assault or rape according to § 177 StGB comes into consideration, especially since this paragraph was tightened on November 10, 2016.

At the beginning of February 2015, the representatives of the coalition parties of the federal government agreed to introduce a condom requirement for customers, a registration requirement for prostitutes, a permit requirement for brothels outside the trade regulations, the requirement to participate in annual medical consultations for prostitutes and a ban on all-inclusive and group sex offers. It was implemented through the Prostitute Protection Act, which came into force on July 1, 2017 .

scope

There is no scientifically reliable information on prostitution in Germany (as of 2013), neither on the number of prostitutes nor on the number of customers ( clients ). Udo Gerheim, University of Oldenburg , wrote in 2012: "It must therefore be stated that there are currently no reliable and secured quantitative primary data on the social field of prostitution." There are estimates that around 400,000 people in Germany are prostitutes but rated differently by experts.

The reason for this data gap is that prostitution as a topic in the scientific system, which is often dominated by men, promises little reputation and is considered offensive. Existing studies are limited to the institution of prostitution and prostitutes. Legal, medical and socio-hygienic aspects predominate. Gerheim wrote about this in 2012: "The male demand for sex for sale has remained and remains structurally excluded from this discourse and disciplinary regime, and its social practice remains untouched."

demand

The few studies that deal with the male demand side concentrate on criminological and psychiatric aspects (clients as sex offenders, clients of migrant prostitutes) as well as on medical issues such as HIV infections and on power constellations and the prevalence of violence. Gerheim writes: “Compared to the previous administrative regulation of prostitution, this state-feminist-inspired power technology can be viewed as a decisive socio-political and legal paradigm shift. The roles in this social drama are irrevocably fixed in the shape of the client as a male (violent) perpetrator and the sex worker as a helpless female victim. ”In this context, the male demand for prostitution is equated with sexual violence and rape. The sparse available quantitative results are also subject to high uncertainties. These result from different survey methods (by telephone, online, in writing, in person), survey staff (man or woman), understanding of prostitution and the frequency of prostitution demand (one-off, occasionally, regularly).

In 1994 Kleiber and Velten presented the results of their quantitative empirical study for Germany. According to this, 18% of the male population between 15 and 74 years of age are regular customers of prostitutes. Gerheim wrote in 2012 with regard to the extent of male prostitution demand: “It can be stated that, from a global perspective, only a small part of the total male population actively and regularly uses prostitution, and that for a relevant size of men the demand for sex for sale is only a singular or . represents a marginal event. "

Overall, the number of prostitution customers in the western world is declining, which is attributed on the one hand to an increase in the possibilities of sexual activities outside of partnerships in the form of fling portals, swinger clubs as well as telephone and Internet offers and on the other hand to the consequences of financial and economic crises. At the same time, there is an increase in the number of prostitutes on offer.

offer

The total number of prostitutes in Germany is unknown and the subject of estimates. According to an estimate by Hydra from the 1980s, which has often been adopted since then, there could be 400,000 or more or fewer prostitutes in Germany. On the basis of estimates of individual police stations in various large cities, the daily newspaper Die Welt in November 2013 came up with an extrapolated total of around 200,000 prostitutes for the whole of Germany. In October 2012, Emma editor Chantal Louis spoke of around 150,000 women who work in prostitution in Germany; In October 2013, Chantal Louis and Alice Schwarzer even spoke of an estimated 700,000 prostitutes in Germany. In NRW, the most populous federal state, it is assumed that there are 25,000 to 40,000 female prostitutes.

These figures include casual prostitutes , the number of which is stated differently depending on the definition. Regarding the numbers from the advice centers, it is unclear whether women in particular turn to advice centers in problematic situations or whether women in particularly precarious situations could even be underrepresented. The high fluctuation is also problematic, since many only work temporarily in prostitution. A survey conducted in 2008 by various prostitution agencies estimated that around 90% of those involved in prostitution are female. About 7% are male and 3% transsexual.

Since the opening of the EU, the proportion of migrants has increased enormously and is around 60% or higher. In the KABP study by the Robert Koch Institute , which carried out surveys of people in various health authorities, a proportion of migrants among female prostitutes was found to be 73% in 2010/11. Bulgarians (16%) and Romanians (12%) form the largest groups after the domestic sex workers. while the proportion of women from Asia, Latin America and Africa has decreased significantly. Among the male prostitutes, the proportion of migrants rose to 90%.

Since the legal changes in other EU countries such as France , where the purchase of sexual services was banned, sex tourism to Germany has increased. In some contexts, Germany is even reported as "Europe's pouf". The Saarland is particularly affected: The city of Saarbrücken is said to have had the highest number of prostitutes per 1000 inhabitants in Germany in 2015.

Prostitute in 2018

The Federal Statistical Office reported that at the end of 2018 a total of 32,800 prostitutes were registered under the German Prostitute Protection Act . 1,600 (provisional) permits were issued for prostitution businesses, 96% of which were for prostitution establishments such as brothels . Only 19% of sex workers had German citizenship, 72% came from other European countries, 6% from Asia and 2% from the USA . 35% came from Romania, 10% from Bulgaria and 7% from Hungary. Around 76% of all prostitutes were between the ages of 21 and 44, 6% between 18 and 20 years and 17% were 45 years and older. However, the Federal Office points out that the corresponding administrative structures were still being set up after the law was introduced in July 2017 and that the data were not one hundred percent meaningful. At the end of 2017, only around 7,000 prostitutes were validly registered with the authorities nationwide and 1,350 prostitution trades were permitted.

Prostitute in 2019

According to the Federal Statistical Office, around 40,400 people in Germany were registered in the prostitution industry at the end of 2019. 19% of the prostitutes had German citizenship (7700), 35% Romanian, 11% Bulgarian and 8% Hungarian. Of the registered prostitutes, 78% were between 21 and 44 years old, 17% were 45 years or older, 5% were between the ages of 18 and 20. A total of 2170 prostitutes were registered, 93% of them brothels. 140 permits were required for prostitution agencies, vehicles and events.

Violence against prostitutes

According to a non-representative survey by the German Ministry of Family Affairs of 110 prostitutes in 2004, the women questioned were three times as likely to be victims of physical violence and five times as likely to be victims of sexual violence as the average female population. The study claims that "after the Prostitution Act came into force in 2002, the very high levels of physical, sexual and psychological violence among prostitutes both in the work context and in the private sphere continued and that there was no visible decline". According to this study, prostitutes also had an increased risk of multiple victimization. They were more likely to suffer serious injuries and seek medical or police help less often. The following statistics were collected in the study:

Experiences of violence before starting prostitution

  • 84% had experienced physical violence since the age of 16
  • 59% had experienced sexual violence since the age of 16
  • 52% were victims of physical violence as a child
  • 43% were victims of sexual abuse as a child

Experiences of violence in prostitution

  • 92% were sexually harassed
  • 41% had experienced physical or sexual violence (or both)
  • 78% feared violence from clients
  • Almost one in five of the women surveyed suffered serious injuries such as broken bones, sprains, torn muscles, facial injuries, burns and dislocated joints while practicing prostitution

The findings of the study by the Ministry of Family Affairs largely coincide with those of another study from the German-speaking area from 2001 (98% of prostitute women had had at least one traumatic experience, most of them several; 70% had experienced physical attacks; 68% had been raped mostly by clients; 59% were diagnosed with post-traumatic stress disorder, 50% had experienced abuse as children).

An evaluation of the German Prostitution Act by the Family Ministry in 2007 came to the conclusion that the legalization of prostitution had barely improved the living conditions of prostitutes, if at all.

crime

There is clear disagreement in the political and social debate about absolute figures in connection with prostitution as well as the relative extent of criminal structures and the best ways to combat them. However, there is a general consensus among the parties represented in the Bundestag that there is a need for regulation in order to be able to combat crime in the red-light district more effectively and to better protect victims from perpetrators.

A central cause lies in the extent of the unreported areas of sexual exploitation offenses ( Sections 180a, 181a, 232 and 233a StGB). The Federal Government has so far not had any relevant studies or plans. Sabine Constabel , social worker in the department of social services for prostitutes in the city of Stuttgart, claims that prostitution cannot go into the dark field as it is reliant on advertising. If a client can find prostitutes, so can the police.

In 2008, the then head of the Augsburg Criminal Police, Klaus Bayerl, said that the large brothels that had been created in the years since 2002 are facilities in which the official managing directors are straw people , while the responsible persons who actually act in the background come directly from the pimp or serious criminal milieu and almost always had close ties to organized crime.

In the area of ​​crime related to prostitution and nightlife, pressure was put on alleged victims in 2005 to refuse to testify. Of 642 alleged victims, 325 (approx. 50%) were questioned by the police on this matter. In 93 (approx. 15% of the total number of alleged victims, approx. 29% of the questioned alleged victims) the police identified indications of inadmissible influence. The feminist magazine Emma also criticized in 2013 that the police were unable to guarantee adequate protection.

Several outlaw motorcycle gangs are among the competitors for supremacy in the red light district . Again and again there were massive clashes between the Bandidos and the Hells Angels . Both associations are assigned arms and drug trafficking and the promotion of prostitution.

In some places the Black Jackets are involved in the struggle for control of the red light district (as of 2013) . In 2013 the brothel Lustpark der Black Jackets in Neu-Ulm was excavated and a weapons depot was secured. In 2012 it became known to the public that the Dutch rocker organization Satudarah MC was performing in Germany. Satudarah is deeply involved in prostitution, drug trafficking, and violent crime.

The bouncer gang United Tribuns also appears in the power struggle. The bouncer scene is also considered a key position in recruiting new prostitutes. Other organizations that are also active in the field of prostitution and human trafficking include Gremium MC and Outlaws MC , as well as the Red Legion and the Rock Machine MC , whose members in the dispute with the brothel operator Murat C. in Neu-Ulm in December Allegedly shot a person in 2012.

The German-Turk Necati Arabaci is counted among the leading figures of the scene . Among other things, he is involved in the brothels Babylon in Elsdorf near Cologne and Wiago in Leverkusen , as well as in brothels in Augsburg and Mallorca , among others . The public prosecutor's office in Augsburg investigated in 2013 on suspicion of money laundering against a person close to Hell's Angel from the area around the large brothel Colosseum in Augsburg.

The Hanoverian Frank Hanebuth was arrested in July 2013 on Mallorca , Spain, along with 20 other Hells Angels members. As the head of the Hells Angels charter "Spain", he is accused of forming a criminal organization, promoting illegal prostitution, drug trafficking and money laundering, among other things. Hanebuth had acquired several Spanish brothels; There are also reports of mistreatment of prostitutes.

André Schulz , head of the Bund Deutscher Kriminalbeamter , warned in July 2016 of "an escalation of the territorial fights between hostile rocker gangs in Germany".

Some owners of well-known legal mega-brothels in Germany are also regularly associated with criminals, for example Friedrich Ewald, who owns the largest brothel in Bavaria with the organ organ . He was arrested in 1997 after many years of dealing with gangsters for incitement to murder and in 2001 for exploitative pimping. The head of the Paradise brothel in Stuttgart, Jürgen Rudloff, was arrested in 2017 for aiding and abetting human trafficking. The court sentenced him to five years' imprisonment in February 2019 for aiding and abetting pimping and aiding and abetting in serious human trafficking.

Legal regulation

Prostitution as such is not generally prohibited in Germany. Statutory ordinances can include a ban on engaging in prostitution in certain places or at certain times of the day. Prostitution with people under the age of 18 is punishable by law. It is punishable to violate this: Section 120 of the Law on Administrative Offenses and Section 184f of the Criminal Code , i.e. the violation of a restricted area ordinance issued on the basis of Art. 297 EGStGB . Prostitution has not yet been regulated in the national trade law, which has resulted in numerous ambiguities and regional differences in the way the authorities deal with prostitution. On February 2, 2016, the women's policy spokesman for the Union parliamentary group, Marcus Weinsberg, announced that a compromise had been found within the grand coalition (CDU / CSU, SPD) to reform the prostitution law that came into force in Germany in 2002. The amendment to the Prostitution Act and the supplementary Prostitute Protection Act came into force on July 1, 2017.

The new law includes the following new regulations:

  • a legal condom obligation, if this regulation is not adhered to, the client faces a fine (up to € 50,000)
  • Stricter requirements for brothel operators, authorization to open a prostitution facility, reliability check
  • Annual health advice for everyone working in prostitution (every six months for under 21-year-olds)
  • Every two years mandatory reporting to the authorities for all those working in prostitution (annually for under 21-year-olds)

In terms of private law , the Prostitution Act (ProstG) also expressly grants prostitutes a legally effective claim. Before the introduction of the Prostitution Act, the immorality of the agreement (Section 138 of the German Civil Code) stood in the way of enforcing the payment claim. It is controversial whether the immorality was generally remedied by the Prostitution Act .

Protection of minors

A number of laws protect children and young people from the dangers of prostitution. Section 4 (3) of the Youth Protection Act (JuSchG) prohibits people under the age of 18 from staying in night bars, night clubs and comparable entertainment venues. § 8 JuSchG prohibits minors from staying in “places that are harmful to young people”; this includes all places where prostitution is practiced. According to § 184g StGB, anyone who engages in prostitution in the vicinity of a school or another location intended for minors to attend or in a house in which minors live and thereby endangers the minors morally is liable to prosecution.

In order to protect young people, Art. 297 of the Introductory Act to the Criminal Code (EGStGB) allows restricted areas to be created in municipalities or even prostitution to be prohibited entirely in smaller municipalities.

Anyone who appoints a person under the age of 18 to carry out sexual acts against payment on or in front of a third party or to have them carried out by a third party or who encourages such sexual acts through his mediation will be punished with imprisonment of up to five years or a fine ( § 180 para. 2 StGB). Anyone who induces a person under the age of 21 to prostitute (repeated sexual acts for remuneration) or to engage in sexual acts through which the person is (economically) exploited is punished with imprisonment from six months to ten years according to Section 232a (1) StGB . If the other person is under 18 years of age, a prison sentence of one year to ten years is to be imposed according to § 232a (4) StGB. Pursuant to Section 180a of the Criminal Code, anyone under the age of 18 will be punished with imprisonment of up to three years or a fine if they grant a person under the age of 18 an apartment or a commercial accommodation or residence to practice prostitution. People over the age of 18 who engage in sexual acts with a person under the age of 18 in return for payment are threatened with up to five years' imprisonment or a fine ( Section 182 (2) StGB). If the abused person is not only under 18, but also under 14, Section 176 or Section 176a applies ; here the minimum imprisonment is two or (in serious cases) five years. Paying a 16- or 17-year-old person for sexual services has only been a criminal offense since November 6, 2008, when the relevant age of consent was raised from 16 to 18 years.

Different regulations at the state and local level

The different police laws in the individual federal states play a major role in the official practice of controlling prostitution. In particular, the police have different powers to enter prostitution sites, to search them and to record personal details. Municipalities have individual regulatory options, particularly through development plans , restricted area ordinances and tax law. In a precedent case, the Administrative Court of Gelsenkirchen lifted the 2011 ban on street prostitution issued by the city of Dortmund for the entire city area in March 2013 . Several cities have now introduced the “ Utrecht model ” of a strictly controlled street prostitute with “ execution boxes ” in order to reduce the incidental crime. In Cologne, where this first happened in 2001, the first three years of the model were rated as a success by the parties involved, including prostitutes, the police, the public order office and advice centers.

Taxes

In 2004 Cologne was the first German city to introduce a municipal “ sex tax ” on prostitution. After 1.16 million euros in 2006, the city only received 750,000 euros this way in 2011. The so-called " Düsseldorf procedure ", which has meanwhile been introduced in several federal states and which was already practiced decades before prostitution was legalized, consists of a flat-rate advance tax payment (independent of turnover) per working day to the responsible tax office, which the bars and brothels automatically make for every prostitute working there is transferred. However, due to the lack of a legal basis, participation in this procedure, which does not release you from the obligation to submit an annual tax return for the income actually generated, is voluntary. In 2011, around two million euros were raised in this way in Hesse. Since mid-2011, street prostitutes have been able to pay the prostitution tax introduced in Bonn at the beginning of 2011 at a tax ticket machine - a specially converted parking ticket machine that issues sex tax tickets that are valid for a maximum of ten hours at a price of six euros. In 2012 the city of Stuttgart introduced a new tax on apartments used for prostitution, which was ten euros per square meter per month. The Federal Fiscal Court decided in 2013 that the income of a prostitute is subject to trade tax . He refrained from his decision from 1964 that income from “commercial fornication” was “other income” and therefore not subject to trade tax.

Measures in the context of the COVID-19 pandemic

As part of the COVID-19 pandemic in Germany , the practice of sex work was temporarily prohibited from March 16, 2020, all prostitution sites were closed and the offering of public prostitution (street prostitution ) was prohibited. In mid-May, 16 members of the  Bundestag wrote to the 16  heads of government to continue to ban sex buying. The signatories included the SPD health expert Karl Lauterbach and the trade unionist Leni Breymaier . Not only was the danger of infection pointed out, but fundamentally the inhumane, destructive and misogynistic activity to which women were forced. The aim is to reduce the interest in bought sex, comparable to the Nordic model for prostitution (punishment of clients). The women's political spokeswoman for the Green parliamentary group , Ulle Schauws , firmly expects a new fundamental debate, but could not see any real concern about the protection of prostitutes in the letter. At the end of July, 26 organizations joined the parliamentarians' call, including Terre des Femmes , Abolition 2014 and Sisters e. V. , and sent an open letter to the parties in the Bundestag, the legal, family and human rights committees as well as to the state governments.

The professional association for erotic and sexual services (BesD) replied in its own open letter at the end of May that there was no difference between a visit to a beautician or a brothel , provided that a hygiene plan was adhered to. Similar to other body-related services, sex work should be approved because the BesD has developed such a hygiene concept with the health authorities: no more than two participants in a sexual service, mandatory mouth and nose protection for both as well as recording and four-week storage of customer data in order to To be able to trace infection chains. The BesD noted that an “erotic massage” could not be distinguished from a “non- medical massage ”, but that the latter was allowed under strict hygiene requirements.

Attention was also drawn to the risk that prostitutes could slide back into illegality due to a lack of financial reserves, would be confronted with dumping prices and fear increased violence. Only some of the registered prostitutes would have received state subsidies for operating costs (40,400 sex workers were officially registered at the end of 2019, see above ). Hartz IV can only apply for those who have a tax number and who have worked continuously in Germany for five years.

In July, no federal state lifted the prohibition on prostitution or announced loosening of sex work, while in Austria and Switzerland such restrictions were loosened in mid-June. The Germany radio pointed out in several articles that there is no study on the spread of the coronavirus in brothels, also no reliable data on the number of forced prostitutes. However, the Berlin police did not find any increase in the number of human trafficking with sexual exploitation. Johanna Weber, herself a prostitute and political spokeswoman for the BesD, pointed out that prostitution continues to take place despite the ban: “It is very much relocated to invisible corners, business premises are simply being eliminated, which means that more house and hotel visits are made. And from an infectious point of view, we have the worst possible situation at the moment. ”Weber's demand: Your industry must be able to work again on September 1st, a hygiene concept has been developed for this:“ That means everything that is oral or kissing and such further, that will not take place. ”Couples and swingers clubs as well as contact sports such as boxing and wrestling are allowed again, but:“ No federal state is currently interested in tackling the dirty issue of prostitution ”. On St. Pauli and Cologne prostitutes demonstrated officially for it.

At the beginning of August, sex workers also demonstrated in Stuttgart for the reopening of their trade. The daily taz asked the federal states - almost all of them justify the closure of prostitution sites with two arguments: During sex work, intensive contact and increased emissions of aerosols cannot be avoided, and the correctness of the customer data left behind would not be guaranteed.

In Berlin, the administrative court had already lifted the pandemic-related closure of an erotic massage parlor and a BDSM studio in July because it saw the principle of equality being violated. As of August 8, sexual services without intercourse were again permitted under certain conditions. From September 1st, sexual intercourse should be possible again and Berlin brothels are allowed to open, but only with fixed dates and the wearing of masks.

Social Security

Although the statutory health and social insurances have been open to prostitutes since 2002 and there is also the option of private health insurance (although private health insurances would usually reject them because the risks are too high), little use is made of the offer of statutory health insurance. Surveys from 2010 on behalf of the Federal Ministry of Family Affairs showed that only 1% of prostitutes have an employment contract and a large majority do not see this as an attractive option: “The law has succeeded in regulating the legal framework for taking out those subject to social insurance To create employment relationships, but in fact there are hardly any measurable effects in practice. [...] According to the evaluation, 87 percent of prostitutes have health insurance, but 93 percent of them are not as prostitutes. Less than half of the prostitutes surveyed have a pension or other private pension scheme . ”A large majority also do not see social security as an attractive option, as sex workers often fear a loss of anonymity associated with official registration due to the persistent social stigmatization of prostitution entails permanent disadvantages.

According to a study by the state of North Rhine-Westphalia in 2013, fewer than half of the prostitutes surveyed have a pension insurance or other private pension scheme . Since a socially insured employment is not accepted by 99% of the sex workers or it is not available to them, private provision would have to be made in the event of occupational disability or unemployment .

Exit

Until 2015, the Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ) funded three model projects to show those willing to leave sex work:

  • in Berlin DIWA - D he i ndividual W ay to A lternative
  • in Nuremberg OPERA - O rien animals P robieren ER drive A usbilden
  • in Freiburg and Kehl P.INK - P rostitution. I ntegration. N eustart. K now-how

A final scientific report was published at the end of 2015.

See also

literature

  • Margit Brückner, Christa Oppenheimer: Life situation prostitution. Safety, Health and Social Aid. Helmer Verlag, Königsstein 2006, ISBN 3-89741-205-5 .
  • Tamara Domentat: Let yourself be pampered. Prostitution in Germany (= construction paperbacks. 7046). Aufbau-Taschenbuch-Verlag, Berlin 2004, ISBN 3-7466-7046-2 (review by Richard Utz from October 6, 2006 in: socialnet.de ).
  • Michaela Freund-Widder: Women under control: prostitution and the state fight against it in Hamburg from the end of the German Empire to the beginning of the Federal Republic. Munster 2007.
  • Sabine Gleß: The regulation of prostitution in Germany. Berlin 1999.
  • Victoria Harris: Selling Sex in the Reich. Prostitutes in German Society, 1914–1945. Oxford University Press, Oxford / New York 2010, ISBN 978-0-19-957857-3 (Review by Malte König in: Francia-Recensio 4 (2011) full text on perspectivia.net; accessed July 27, 2017).
  • Ilya Hartmann: Prostitution, pimping and pimping. Discussion of reforms and legislation since 1870. (= Contemporary legal history. Section 3: Contributions to modern German criminal legislation . Volume 22). BWV - Berliner Wissenschafts-Verlag, Berlin 2006, ISBN 3-8305-1102-7 (also: Hagen, Fernuniversität, dissertation, 2005).
  • Bettina Hitzer , Michael Häusler (ed.): Between dance floor and brothel. Life pictures of Berlin prostitutes from 1869 . Be. Bra Wissenschaft Verlag, Berlin 2010, ISBN 978-3-937233-72-7 .
  • Elga Kern : How they got there: fragments of life from brotheled girls. Ed. And epilogue Hanne Kulessa . Luchterhand, Neuwied 1985 [first 1928]
  • Fritz Koch: Managed Lust: City Administration and Prostitution in Frankfurt am Main 1866–1968 . Wiesbaden 2010.
  • Malte König: The state as a pimp. The abolition of regulated prostitution in Germany, France and Italy in the 20th century. (Library of the German Historical Institute in Rome, Volume 131). de Gruyter, Berlin 2016.
  • Sybille Krafft: discipline and fornication. Prostitution and moral police in Munich at the turn of the century. Munich 1996.
  • Bernhard Pichler: Sex as work. Prostitution as an activity within the meaning of labor law. disserta Verlag, Hamburg 2013, ISBN 978-3-95425-164-3 .
  • Julia Roos: Weimar through the Lens of Gender. Prostitution Reform, Woman's Emancipation, and German Democracy, 1919–33. Ann Arbor 2010.
  • Beate Schuster: The free women. Whores and women's shelters in the 15th and 16th centuries. Frankfurt am Main / New York 1995.
  • Peter Schuster: The women's shelter. Urban brothels in Germany (1350–1600). Paderborn 1992.
  • Claudia Thoben: Prostitution in Nuremberg: Perception and measures between 1871 and 1945. Nuremberg 2007.

Web links

Commons : Prostitution in Germany  - collection of pictures, videos and audio files

Individual evidence

  1. ↑ Rahel Gugel: The tension between the Prostitution Act and Article 3 II of the Basic Law: a legal political investigation . Dissertation. Lit, Berlin / Münster 2011, ISBN 978-3-643-11064-0 , pp. 211 ( uni-bremen.de [PDF; 1.4 MB ]).
  2. ^ Ministry for Health, Emancipation, Care and Old Age of the State of North Rhine-Westphalia (MGEPA NRW): The Round Table: Prostitution North Rhine-Westphalia - Final Report: Mission, Challenges and Results. Düsseldorf October 8, 2014, p. 59 (Publication No. 148; PDF: 558 kB, 96 pages on bmbf.gv.at ( memento of September 23, 2015 in the Internet Archive )).
  3. ↑ So Harm von Seggern, who is working on a study of the history of men and sex in the late Middle Ages up to the 16th century. See: Middle Ages - Why the Church Tolerated Prostitution. In: welt.de . July 3, 2013, accessed May 31, 2020.
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  7. ↑ On the criminal prosecution and workhouse accommodation of prostitutes see Wolfgang Ayaß : Das Arbeitshaus Breitenau: Beggars, tramps, prostitutes, pimps and welfare recipients in the correctional and rural poor institution in Breitenau (1874-1949) (= National Socialism in North Hesse. Volume 14: Hessian research for historical regional and folklore ). Published by the Association for Hessian History and Regional Studies , Jenior and Pressler, Kassel 1992, Issue 23, ISBN 3-88122-670-2 (doctoral thesis, Kassel University 1991; PDF, 14 MB, 401 pages on uni-kassel.de).
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    Ibid: Final report of the scientific support for the federal model project: Support for the exit from prostitution. Berlin, October 1, 2015 ( download page ).