Tightening the Laws on Prostitution in France: What Impact on Prevention?

TUAD0102 Tightening the laws on prostitution in France: what impact on prevention?

L. Geffroy , F. Bourdillon, S. Musso, N. Hesnault-Pruniaux, J-P. Dozon, B. Cadoré, Y. Briand, M. Celse, W. Rozenbaum.

French National AIDS Council (Paris, France)

Hello everyone, I’m going to present French government policy on prostitution and its impact on prevention.

1 1. BACKGROUND

In 2003, France adopted a law 2000’s2003 against procuring and soliciting in order to discourage the practice of prostitution .

In 2009, The National AIDS Council sought to assess its impact on sex workers in terms of prevention.

- 1. BACKGROUND - Tightening the laws on prostitution in France: what impact on prevention?

In 2003, France adopted a law against procuring and soliciting in order to discourage the practice of prostitution. In 2009, the National AIDS Council sought to assess its impact on sex workers in terms of prevention. The opinion with recommendations “HIV and the Sex Trade” was released in September 2010.

2 2. METHODS

Around 30 hearings with: representatives of the relevant authorities associations researchers

Review of the literature and a carefuly study of the annual reports of French NPO’s

- 2. METHODS - Tightening the laws on prostitution in France: what impact on prevention?

Around 30 hearings were held with: - representatives of the relevant authorities, - associations, - researchers. A review of the literature and a carefully study of the annual reports of French NPOs, were added to the hearings.

3 3. LEGAL FRAMEWORK • Law of 18 March 2003 on Internal Security (LIS)

1 SOLICITING "fact of proceeding publicly to solicit another party, by all means, including a passive attitude , in order to incite the party to sexual relations in exchange for remuneration or the promise of remuneration, punished by two months' imprisonment and a €3,750 fine (~$4500)."

PROCUREMENT Intermediaries who live with a sex worker and cannot 2 document income, or the fact of “(…) holding at the disposition (…) to persons, vehicles (…), in the knowledge that they will be committing acts of prostitution… ”

- 3. LEGAL FRAMEWORK - Tightening the laws on prostitution in France: what impact on prevention?

Now, I’d like to move on to the law of 18 March 2003 on Internal Security. Let’s examine the five main measures. First, the LIS states that "the fact of proceeding publicly to solicit another party, by all means, including even passive attitude, in order to incite the party to sexual relations in exchange for remuneration (…) is punished by two months imprisonment and a €3,750 fine." Despite the existence of that offense, prostitution remains licit in France. One of the objectives of the law is the eradication of visible forms of street-based prostitution and the promotion of public tranquility. According to the former minister of Interior, soliciting is a form of "delinquency that affects daily life, troubling the tranquility of citizens and mocking their right to security" . The criminalization of passive soliciting had been abandoned in 1994. At the time, the government quoted "the lack of precision of the elements characterizing this offense, which led to its uneven and random application by the police services". Nevertheless, in the early 2000’s, bylaws were passed by several local mayors to limit the presence of sex workers on public thoroughfares and to punish passive soliciting. I’ll now examine the second main point. The government had also aimed to fight organized crime and adopted specific measures against human trafficking and procurement. Basically, in France, our definition of procurement is very broad. Procurement is defined as: - Profiting from the prostitution of another person, or employing or inciting a person to practice prostitution. - Assisting or protecting the prostitution of another person; The LSI added even more cases of procurement such as: - intermediaries who live with a sex worker and cannot document income. - the fact of "holding at the disposition (…) to persons, vehicles (…), in the knowledge that they will be committing acts of prostitution… ”.

4 3. LEGAL FRAMEWORK

PROTECTION “Any person who is victim of the exploitation of 3 prostitution must benefit from a system of protection and assistance…."

RESIDENCE “A temporary residency permit may be issued to the foreign 4 national who files a legal complaint against a person accused of committing…” procurement or human trafficking. “If the accused person is definitively judged guilty, a residency permit may be issued…”

EVALUATION Every year from 2004, the government must register a 5 report (…) that evaluates the change in the demographic, health and social situation of sex workers, as well as the means available to the bodies who assist them.

- 3. LEGAL FRAMEWORK - Tightening the laws on prostitution in France: what impact on prevention?

I'll now briefly address three other points. The law places the stress on victim protection. First, “Any person who is victim of the exploitation of prostitution must benefit from a system of protection and assistance…." Second , “A temporary residency permit may be issued to the foreign national who files a legal complaint against a person accused of committing…” procurement or human trafficking . “If the accused person is definitively judged guilty, a residency permit may be issued” to these foreign nationals. Concerning evaluation, the law stresses that every year from 2004 onwards, the government must register a report that evaluates changes to the demographic, health and social situation of sex workers.

5 4. IMPACT

Sources : CNS hearings, Transcripts of the Senate session of 11 May 2010, Evaluation report of the change in the demographic, health and social situation of persons involved in prostitution, as well as the means available to the bodies who assist them, 2006.