Sexual Assault and Indirect Perpetration. Pimps, Clients and Rape of Prostituted Persons

Abstract

The European Parliament Resolution of 10 February 2021 on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting victims (2020/2029(INI)), on the one hand, recalls that Member States have a legal obligation to discourage and reduce the demand for all forms of exploitation, and, on the other hand, calls on the Member States to include the knowing use of the services of victims of trafficking as a criminal offence in their national statutes, as recommended by Article 18 of the Anti-Trafficking Directive, and reiterated by the Commission in 2018, and to provide for effective, proportionate and dissuasive penalties. The paper addresses the response of one of the Member States, Spain, which does not expressly punish clients who have sexual relations with victims of sexual exploitation but does punish both the crime of forced prostitution and sexual assaults committed against the victim of this crime. A correct interpretation of the application of these criminal offences makes it possible to punish not only the pimp but also the client who knows that he/she is having sexual intercourse with a victim of sexual exploitation. This provides an interpretative solution that aligns with the requirements of the European Parliament Resolution of 10 February 2021 and may be helpful for other Member States.