Prostitution under state control? There is a proposal to change the regulations

– Changes to the law regarding sexual services in our country should certainly be preceded by a social discussion – emphasizes the author of the petition, attorney Paweł Osiński, in an interview with “Rzeczpospolita”. – However, I am against politicians referring to the “social will” when it is convenient for them. It should not be the final determinant of actions taken by the state – he points out.

In the petition submitted to the Sejm and Senate, its author proposes a modification of Article 204 of the Penal Code, which sanctions pimping, procuring and bribing.

Today, the incitement and facilitation of prostitution in exchange for financial benefits is punishable by imprisonment from three months to five years (and from one to ten years in the case of a minor). The author of the petition proposes that only the more severe sanctions be left in the code, but that punishment be imposed only when – in addition to the exploitation of minors – there is exploitation, coercion, the use of threats or human trafficking. Although the formally proposed changes focus on one article, the author of the petition wants it to become a contribution to the beginning of a social discussion.

According to the attorney, the state "should be guided by the rational need to control the industry, which today, in some EU countries, e.g. in Germany, is efficiently supervised ."

- The places where services are provided are under control, everyone working in the industry pays taxes , and it is the state's duty to ensure that there is no exploitation, violence or coercion - argues attorney Osiński. - That is why, in my opinion, any regulation of the market - and not pretending that it does not exist - automatically makes it less attractive to criminal groups looking for a "grey zone" - he points out.

In his petition, the lawyer argues that the need for regulation is also indicated by movements within the EU itself (draft resolution of the Parliamentary Assembly of the Council of Europe on the protection of human rights and the improvement of the quality of life and rights of persons engaged in sex services, or resolution of the European Parliament on the regulation of prostitution in the EU).

The attorney demonstrates that the lack of clear regulation of the issue of sexual services sometimes leads to conclusions that may have far-reaching consequences, which is confirmed by the judgment of the Court of Appeal in Szczecin (reference number: II Aka 152/20).

The SA assumed that it is "engaging in a procedure consisting in satisfying the sexual needs of other people for a fee, through physical contact with these people". And this way of perceiving the phenomenon - according to attorney Osiński - cannot be ignored in relation to market practices such as erotic massage services. According to the attorney, all this shows that the state is only superficially concerned with the subject.

Also according to attorney Kinga Kamińska, the change would allow for the regulation of activities that currently remain in the "grey zone", such as the scope of services provided by tantric massage parlors. - There are currently no specific regulations or established case law that would indicate how such activities should be classified: whether still as massage or already as sexual activities - explains the expert.

In his petition, Attorney Osiński stipulates that the legislator should not completely cut itself off from considerations about what solutions are "moral" and "right", but should also compare this with, among others, social realities, public opinion polls and an analysis of social costs - also financial - for various possible legal solutions.

And he refers to data from the Public Opinion Research Centre, which in 2001 showed that in the opinion of the majority of respondents, prostitution and the activity of brothels should be legal.

However, last year’s report by UN Special Rapporteur Reem Alsalem on violence against women and girls showed prostitution as the basis of a system of oppression. As well as being inextricably linked to exploitation and discrimination, it cannot be seen as a consequence of women’s choice or an expression of their autonomy.

According to the expert, the best model for approaching prostitution is to punish pimps and provide assistance to women involved in it. In her report, she called on UN member states to combat it.

Attorney Kamińska also believes that the current statutory description of the crime of pimping, procuring and bribery does not correspond to reality. - It seems to me that in the current times - times of universal access to the Internet, when, for example, most personal ads are posted online - it would be worth considering changing these regulations - the attorney assesses.

– A broader debate on sexual crimes committed via the Internet or online tools that allow sharing someone's nude photos or sexual exploitation in deepfake products could also be considered, because in this respect it seems that the penal code has not kept up with changes in the world – argues the expert.

In her opinion, punishing for facilitating prostitution – as is done today – misses the point, because such actions can be considered as, for example, providing a place, providing a paid lift or creating a website. – Instead, it would be appropriate for state authorities to focus on helping people who actually require protection, i.e. minors, people forced into prostitution, or victims of broadly understood human trafficking – the attorney concludes.