Experts split on proposed ban of buying sexual services in Germany

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A new proposal by the CDU/CSU party to ban the purchase of sexual services in Germany has sparked strong reactions from experts. During a public hearing by the Bundestag’s Committee for Family Affairs, Senior Citizens, Women, and Youth, many expressed differing views on whether the ban would effectively stop problems like human trafficking or if it would harm sex workers even more.

The CDU/CSU’s motion (20/10384) calls for a law to make it illegal to pay for sexual services, while making sure that sex workers are not punished just for doing their job. The party says that the Prostitution Act of 2002 has failed, allowing human trafficking to grow under the cover of legalized prostitution. They also argue that the 2017 Prostitute Protection Act has not helped solve these problems. The CDU/CSU wants to follow the Nordic Model, where paying for sex is illegal, as is the case in countries like Sweden and France.

Sex workers’ representatives speak against the ban

Johanna Weber, spokesperson for the Professional Association of Erotic and Sexual Services, opposed the proposed ban. She argued that it would push sex workers into unsafe or illegal conditions. Weber also said that there is no scientific proof to back up the claim in the Union’s motion that most sex workers are forced into their jobs. She believes that banning brothels would hurt the very people the law is meant to protect.

Stefanie Kohlmorgen, head of the Alliance of Counseling Centers for Sex Workers, agreed. She criticized the fact that forced prostitution and voluntary sex work are often mixed together in the debate. She noted that most of the people who come to their centers are doing sex work by choice, not by force. Kohlmorgen also warned that making the buying of sex illegal would violate sex workers’ rights and lead to even more discrimination against them.

On the other hand, trauma therapist Brigitte Schmid-Hagenmeyer supported the Nordic Model. She argued that prostitution involves harm because it includes sex without true consent. She said that being paid for sex usually causes physical and emotional damage.

Schmid-Hagenmeyer also said that referring to prostitution as a “service” makes it sound less harmful than it really is. She believes the Nordic Model is a good way to reduce this harm.

Huschke Mau, a former sex worker and founder of the Ella Network, also spoke in favor of the Nordic Model. She said that Germany has become “the brothel of Europe” due to the legalization of prostitution. Mau argued that this has led to the normalization of buying women for sex. She believes it is difficult to separate forced prostitution from voluntary prostitution and sees the Nordic Model as the best solution.

We wrote an article where we covered why the Nordic model is bad for sex workers. Click on the button to read the reasons below:

International examples and legal concerns

Claire Quidet, president of the Nid Movement in France, explained that in her country, prostitution is viewed as a form of violence rather than work. Since 2016, it has been illegal to buy sexual services in France, and violators can be fined or ordered to attend training sessions. Quidet said that the law has been successful in showing that sexual acts cannot be bought.

However, Andrea Hitzke from the National Coordination Circle against Human Trafficking (KOK) opposed the ban. She argued that the Nordic Model would almost completely ban prostitution and push it back into a legal gray area. Hitzke also warned against treating all sex workers as victims, as this undermines their autonomy and reinforces harmful stereotypes. She called for more respect for the choices made by sex workers.

Margarete Gräfin von Galen, a criminal defense lawyer, pointed out that prostitution is protected as a legal profession under German law. She argued that banning the purchase of sex would effectively end legal prostitution, which would violate the rights of sex workers. Opinions from law enforcement were also divided. Alexander Dierselhuis, police chief in Duisburg, supported the proposal. He said that banning the purchase of sex would help the police focus on more serious crimes in the red-light district. He believes that reducing the size of the prostitution market would make it easier to catch criminals involved in human trafficking.

However, Erika Krause-Schöne from the Police Union worried that the ban would drive prostitution underground, making it harder to investigate serious crimes, especially those involving forced prostitution. She suggested that holding clients responsible for supporting forced prostitution would be a more effective way to fight human trafficking.

Did you know? One of the strongest reasons why the Nordic model is bad for society is that it requires too many law enforcement resources. Meanwhile, the police won’t have enough officers to fight real crimes. Read the other reasons by clicking on the button below:

Conclusion

The debate over the Union faction’s proposal shows that there are strong and differing opinions on how to handle prostitution in Germany. While some believe the Nordic Model is the best way to stop exploitation, others fear it would make life harder for sex workers. As Germany continues to discuss these issues, the future of its prostitution laws remains uncertain.