Abolition of prostitution: future of dating pages

Wednesday, 17 November 2021

The PSOE has been around for a long time with prostitution . He has been talking about abolishing it for a long time. He recently did it again. It was during his 40th Congress. Among its resolutions there is one that includes the will of the Spanish Socialist Workers' Party to promote a comprehensive law for the abolition of prostitution .

The resolution talks about what should be done during the current legislature, but no deadlines are set. After all, they are difficult to establish, given the complexity of the debate. To begin with, the Government of Spain is not a one-color government. It is the fruit of the collaboration and joint work of two parties, the PSOE itself and United We Can. Just as in the former the abolitionist position seems frankly the majority, in the case of the purple formation there are markedly regulationist positions. Thus, between abolition and regulation, there are many members of Unidos Podemos who are committed to regulating prostitution .

In the aforementioned document that includes the resolutions of the socialist congress there is a triple commitment:

  • Punish the demand for prostitution.
  • Criminally prosecute all forms of pimping.
  • Recover the criminal classification of locative third party.

Legal defense attorneys

The crime of locative third party

What is locative third party ? Specialized lawyers tell us that when we speak of locative third party we are talking about a legal figure that refers to all that place that is provided for the sexual activity of the prostituted person. In other words: any type of business whose objective, in a direct or indirect way, is the exploitation of the prostitution of others.

The Penal Code of 1973 gathered this legal figure, which was decriminalized in the reform of the Code was carried out in 1995. By offense ek of leasable tercería became criminally responsible "master, manager, administrator or manager of the premises, open or not to the public, in which prostitution or another form of corruption is practiced and any person who, knowingly, participates in its financing ".

According to the PSOE in its document, this measure, together with those mentioned above, mark the way "to end the greatest expression of violation of the human rights of women and girls in the world."

At the same time, the Government will also push for a change in the definition of sexual exploitation . According to the current Draft Law on Sexual Freedom, it is possible to speak of sexual exploitation when it is demonstrated that there is "taking advantage of a subordinate or dependent relationship." In the current drafting and classification of this crime, the crime of sexual exploitation occurs when there are "situations of vulnerability or burdensome, disproportionate or abusive conditions."

Will this mean a significant increase in convictions for pimping ? The answer is not as simple as it might seem a priori. After all, and as with any law, how it is applied will depend on the interpretation that the judges give it when passing their sentences. Finally, they will be the ones who determine the more or less penalizing, more or less restrictive course that jurisprudence takes.

For its part, the Association of Women Judges (AMJE) believe that the sentences for pimping would be reduced with the approval of the Sexual Freedom Law. For them, the aforementioned "subordination or dependency relationship" contained in the law would be difficult to prove, being easier to prove and, therefore, to lead to a conviction for sexual exploitation, the conditions that arise in the drafting of the law currently in force.

Third locative crime

Criticisms of the criminalization of the third party locative

The alleged recovery of the crime of third party locative has received multiple criticisms. Logically, the abolitionist will of the PSOE or a good part of United We Can is not well received by the prostitute associations . And it is not, either, the criminal reclassification of the locative third party.

For sex worker associations, there is a clear risk that cases in which several women voluntarily share a flat to engage in prostitution will be classified as locative third party. The prostitute associations fear that, in these cases, abusive conditions are not necessary for the criminal classification to take place.

The president of the Others ( Union of Sex Workers ), Concha Borrell, highlighted a few days ago the rejection of the association that she presides over any abolitionist law. The approval and application of such a law, Borrell pointed out, would leave some 400,000 women on the streets and without the means to earn a living.

For its part, En Comú Podem, the Catalan confluence of United We Can, has shown its absolute rejection of the recovery of the criminal classification of the locative third party. Clearly positioned as a defender of a regulationist position, the Catalan formation indicates that the adoption of measures such as those defended by the PSOE in its 40th Congress and those promoted by the Government in its Draft Law on Sexual Freedom only reinforces the stigma of sexual freedom. prostitution falling, moreover, into an error: that of not differentiating voluntary prostitution from forced prostitution.

For En Comú Podem, far from serving to end prostitution, it directly and negatively affects sex workers.

The Catalan party points out that, according to experience in countries that at the time chose to promote abolitionist policies regarding prostitution, these policies have only served to make the activity go clandestine, to worsen the working conditions of the workers sexual and to hinder their access to housing. In some cases, they point out, they have even lost it.

In defense of its position, En Comú Podem has resorted to citing the position that various international human rights organizations hold on these same aspects. These organizations defend and recommend the repeal of all kinds of regulations that lead to the criminalization of women who practice prostitution.

Criminal classification

The future of contact pages

One of the questions that arise when talking about the abolition of prostitution and the recovery of the crime of locative third party is: in what way would abolitionism affect dating websites ?

Logically, it is innocent to think that the contact pages would not be affected by such political measures. Prostitute ad sites would undoubtedly be seriously affected. These, with the law in hand, should cease their activity. Because ... what legal capacity to exist would a directory of online prostitution advertisements have in a country where prostitution is prohibited?

In a way, the mere recovery of the figure of leasable tercería might be enough to keep out of legality to a web of contacts of this type. Those who worked and lived on said page could be judicially understood as people who live from the exploitation of the prostitution of others and therefore, or stop providing those services, leave the European Union as happens on French websites or they can already hire the services of a good lawyer if they do not want to end up in jail (even if they had a great legal defense against a judge , they could not operate within Spain).

When you talk about prostitution and the desire to end it, sooner or later you reach the same point: that of accepting the irrefutable fact that it is one thing to want to abolish it and quite another to make it disappear. Can you put doors to the field? Has the provision of sexual services in exchange for money disappeared in countries like France for the mere fact of having passed an abolitionist law?

Prostitution has existed practically since the world is world and it is highly unlikely that it will cease to exist. As many experts on the subject indicate, abolitionist and prohibitionist measures do not so much to make it disappear as to harden the conditions under which many people exercise it.

A prostitute advertisement website puts in the hands of those who wish to engage in prostitution freely and voluntarily a great tool to advertise themselves, practice their profession in better conditions and improve their quality of life.

As has been pointed out so many times and as we have seen that the associations of sex workers emphasize in their communications and in the statements of their partners and directors, every effort must be made to prosecute the trafficking and sexual exploitation of women and, therefore, of course, minors. We must do that and, of course, harshly condemn those responsible. But that cannot and should not be done anyway. It should be done while respecting a woman's freedom to choose her profession and to do with her body what she wishes.

Prostitution abolition