The objective is to regulate prostitution by giving it a legal framework, increase accountability and not penalise prostitutes.
MP Josée Lorsché (Déi Gréng), who presented the report, stated that it aims to strengthen the fight against the exploitation of prostitution, procuring and human trafficking for sexual purposes.
Several amendments, made on Tuesday 6 February, concerned changes to the penal code:
Soliciting: victims of exploitation of prostitution, procuring and trafficking in human beings are not criminally responsible for a soliciting offense.
Illicit practices concerning travel or identity documents: confiscation or destruction of a travel or identity document and facilitating the fraudulent use of such a document with the intention of committing offenses of sexual exploitation, procuring, trafficking in human beings or illegal smuggling of migrants will be subject to three to five years' imprisonment and fines of €10,000 to €50,000.
Paying for sex: clients of a prostitute will be penalised; if the prostitute is a minor, a particularly vulnerable person or a victim of exploitation, procuring or human trafficking for sexual purposes then additional penalties will apply. These offenses are punishable by a prison sentence of one to five years and a fine of €251 to €50,000 in the first two cases (a minor or a particularly vulnerable person) and an eight-day to six-month prison sentence, and a fine of €251 to €50,000 in other cases.
If the persons who have committed the offenses agree to testify, the public action will not be exercised.
Right of entry for the police investigators: The draft law provides for police officers, with prior authorisation of the state prosecutor, to enter the premises in which there are certain and precise clues that pimping is being committed. In addition, investigating officers may also, with prior authorisation of the state prosecutor, enter hotels, boarding houses, drinking establishments, clubs, clubs, dance halls, venues and their annexes, as well as any other place open to the public or used by the public, when people engaged in prostitution are usually found there.
Institutionalising the “prostitution platform”: a permanent committee, composed of representatives of public authorities as well as representatives of the social sector, has as its mission to monitor the phenomenon of prostitution in Luxembourg and to analyze its evolution and consequences.