Exploitation of Prostitution – What Kind of Participation in Prostitution Constitutes a Crime?

The articles focuses on the comparative analysis of the so-called prostitution accompanying offences in Slovenia, Germany and Austria, with a special regard on the criminal element of exploitation. Slovenian legal theory and practice have been stressing for quite some time that criminal law is not sanctioning any kind of moral contempt for prostitution itself but is rather directed towards the protection of sexual autonomy and self-determination of persons engaging in prostitution. Nevertheless, substantial difficulties still exist in distinguishing illegal forms of participation in another person’s prostitution from criminal ones. For such a determination the criminal element of exploitation and its definition are vital. The mere fact that prostitution services are not regulated in Slovenia, does not automatically mean that any kind of participation in another person’s prostitution is illegal. Such a participation can be criminal only if it meets all the required elements of a specific criminal offense. The "exploitation” element must be interpreted considering its possible linguistic meaning and the protected legal good, meaning, that not all kinds of economic participation in another person’s prostitution can alone and by itself be considered criminal. This view is reinforced by a comparative legal analysis.

Keywords: prostitution, criminal offence, exploitation of prostitution, exploitation, sexual self-determination, principle of legality.