Chapter 3: The debate on the existing criminalisation of sexual offenses2.5. Prostitution and criminalisation of sex customers

In the draft resolution no. B 103 about stricter punishment for the rape of victims of human trafficking from the parliamentary session 2009-10, presented by Line Barfod (EL) and others, it was proposed to the government that the legislation must be imposed before November 1, 2010 to tighten penalties for rape and sexual intercourse than the other penalties that involves violence or threat of violence when the person is a victim of human trafficking.

It appears from comments accompanying the draft resolution that the agreeing list (Unified list) along with proposals wanted to introduce a strict penalty for the Criminal Code § 216 and § 217, so that it becomes an aggravating factor if the victim is a victim of human trafficking. According to the submitted proposals, it signals such raised penalties clear of society, which we cannot or will not tolerate human trafficking and the exploitation that takes places with trafficked women and men. Simultaneously, the submitted proposals wanted to clarify that it would be considered a rape, if a customer who is aware that the prostitutes from whom he/she is buying sex, is a victim of human trafficking and therefore will be considered a threat to the prostitute. It was not known in the submitted proposals whether the police had tried to raise this kind of cases with sex customers which the present proposal wanted to change. The intensity of punishment was also assumed to be implemented, to the extent that in the case of other sexual activities other than intercourse and sexual acts with a person of the same sex, cf. Penal Code § 224 and § 225.

The motion was not finalised before parliamentary year expired, but the Legal Affairs Committee delivered a report on the proposals on September 30, 2010, that states the following:

“The Committee finds that human trafficking which is a modern kind of slavery, is one of the most serious crimes in the world today. Human trafficking is a cross border crime that requires great action from many international organisations. But, keeping in mind that the actual exploitation for slavery occurs here (borders), it is crucial, therefore, that the action should be taken to stop the exploitation.

Efforts against human trafficking must be made on several fronts. In the case of human trafficking for prostitution, it also demands for action on customers who buy sex.

There are many customers who will buy sex, although they know that the person is a victim of human trafficking. And apparently they might not be aware that it can be a criminal offense. At the moment, there are no filed cases of this nature against any customer. (…)”

The Minister for Justice has stated that he has asked the Penal Code Council, regarding its views, to look at the issue of stricter sentence if the person is a victim of human trafficking.

The Minister for Justice has also assured that he will convene legal rapporteurs for discussion when the results from the Penal Code Council's general review on the Penal Code Chapter 24 about crimes against sexual indecency arrives.

S, SF. RV and EL (the political parties) want it to be loud and clear in the Criminal Code that it can be a criminal offense to buy sex from a person who is a victim of human trafficking. The parties hope that the Penal Code Council will come up with the concrete proposals on how it can be done in a best way.

V, DF, KF and LA (the political parties) would like to wait before taking a decision until the Penal Code Council gives its opinion."

In resolution no. B 159 on criminalising of buying sex from prostitutes who are victims of human trafficking from Parliamentary Session 2009-10, presented by Lone Dybkjær (RV) and others, it was proposed to government that it should bring forward a bill to amend the Criminal Code § 223 a, in the next parliamentary session so that the customer must be instructed for paying a person for intercourse who is a victim of human trafficking, cf. Criminal Code § 262 a, punishable by either fine or up to 2 years of imprisonment

It appears from the comments on the resolution that Det Radikale Venstre with the proposal, wanted to emphasise that the law must be clear, that it is an offense to buy sex from a traded person, just like it is an offense to force someone to enter into a marriage. After the party's considerations, the legislation will clarify and make it less easy to argue about that the prostitutes were not traded. On the contrary, the need had not been lessened for a clear legislation in recent years. Det Radikale Venstre firmly believes that there was a growing trend to trade more and more prostitutes. The government's action against women trafficking came into force after Det Radikale Venstre's insufficient views.

The motion was not finalised before parliamentary year expired, but the Legal Affairs Committee delivered a report on the proposals on September 30, 2010, showing the same opinions as set out above from the report of resolution no. B 103.