The existence of
prostitution is in large part
maintained by the demand for it.
There are two persons involved in prostitution—the client and
the prostitute. The reasons for their cooperation are different. As a rule, the client expects pleasure, the prostitute benefit. Third parties
(intermediary, exploiter) in relation to
these two persons cannot be connected with sexuality,
but exclusively with the conscious exploitation of a sexual act. According to Slovenian legislature, abuse
of prostitution and trafficking in human beings for the purpose of exploiting prostitution
is a criminal offence. According to
the provisions of Article 37 of the
Obligations Code it is unlawful to enter into contracts for the abuse or exploitation of prostitution. The most known forms of abuse of prostitution are procuring prostitution and exploitation of prostitution in a brothel, when the exploiter of prostitution
receives payment. According to
the content of Article 175 of the
Criminal Code and the principle of legality,
in the Republic of Slovenia any participation
of a third person with the purpose of obtaining payment for prostitution of a prostitute
is defined as a criminal offence. According
to the legislator, the aspect
of exploitation is not bound to a
certain financial value or to the share of the earnings, nor to the purpose of protecting the personal autonomy (choice) of the prostitute. In economic exploitation of prostitution in the form of procuring prostitution or serving as an agent in prostitution,
restricting the personal freedom of the prostitute or any other similar use of duress
are not the elements of a criminal
offence.
Keywords:
principle of legality, elements of a criminal offence,
trafficking in human beings for the
purpose of exploitation of prostitution, forced prostitution, abuse or
exploitation of prostitution, prostitution, prostitute, autonomy, client, participation in the exploitation of
prostitution, procuring prostitution, serving as an agent in prostitution,
abuse of a position of vulnerability.