Criminality of Prostitution Abuse

Abstract

The article is based on an empirical socio-legal analysis of criminal court case ‎files concerning prostitution abuse in Slovenia. Based on the theoretical framework developed by Petra Östergren, the authors analyse whether the Slovenian ‎regulatory system on sex work is repressive, restrictive or integrative. The paper explores how the courts define “abuse” and “exploitation” of prostitution, ‎how the participation of third parties in sex work activities is dealt with by ‎the courts, how the vulnerability of sex workers is treated, and how the existence of consent is considered before the courts. The paper examines the files ‎for moral arguments, stereotyping, and stigmatisation, as well as references to ‎occupational risks in the field of sex work and sex workers’ rights. In the conclusions the authors argue that in Slovenia the characteristics of the restrictive ‎model, with elements of both repressive and integrative, prevail.