Prostitution in Denmark was partly decriminalised in 1999, based partly on the premise that it was easier to police a legal trade than an illegal one. Third-party activities, such as profiting frombrothel administration and other forms ofprocuring, remain illegal activities inDenmark, as dopimping andprostitution of minors.[1][2]
TheCivil Code of 1683, orChristian 5.s Danske Lov (also enacted in the Danish province ofNorway as theCivil Code of 1687 orChristian Vs Norske Lov) explicitly banned extramarital sex (including prostitution) asfornication.[3] Danish law prescribed jail for men and whipping for women caught infornication.
Prostitution ("professionalfornication") was regulated in Denmark during the nineteenth century, with police playing an active part. Nineteenth-century policies to prostitution were driven by the idea that it was a primary source forsexually transmitted diseases, with women being registered and subject to increasingly regular examinations. In 1815, registration of prostitutes was introduced inCopenhagen, with women being registered as prostitutes in the police records, forced to register at a (police surveilled) 'tolerated'brothel and subjected to regular examinations, with forced hospitalisation during illness.[3] Technically prostitution was still illegal, so regulation was carried out discreetly by order ofKing Frederick VI (1808–1839). On 11 February 1863, this policy was officially recognised and given some legal ground, and in 1874, the system of regulated prostitution was officially introduced in Danish law, with legal grounds for forced examination and hospitalisation of suspected prostitutes.[3]
These policies became the target of women's groups and religious groups, such as theForeningen imod Lovbeskyttelse for Usædelighed, forcing some relaxation in 1885. Brothels were eventually banned in 1901, and in 1906 forceful examination was abandoned.[4]
Decriminalisation occurred in 1999.[4] In 2006, the government announced a campaign to combat prostitution and racketeers involved in organising the trade andhuman trafficking, following a commissioned police report entitledStrategi for en styrket politimæssig indsats mod prostitutionens bagmænd (Strategy for an enhanced police effort against the masterminds of prostitution). Justice MinisterLene Espersen (DFK) announced an intensified police effort against traffickers while promising a more sympathetic approach to victims and witnesses, with new police reforms effective 1 January 2007. This would replace an earlier strategy due to expire at the end of 2006.[5] In February 2013, Justice MinisterMorten Bødskov announced further measures and introduced a bill, arising from the 2012 report of the Criminal law Council, extending provisions against exploitation from brothels to escort services and street prostitution, increasing penalties and giving police more powers.[6]
In 2009, the Ministry of Justice ordered the Criminal Code Council (Straffelovrådet) to undertake a comprehensive review of Chapter 24, and they delivered their report in November 2012.[7] In the terms of reference, they were asked specifically to comment on whether the buying of sex should be banned. Amongst their recommendations were;
In addition, the Council proposed adjusting the maximum penalties for the participation of a child under 18, for payment or promise of payment, having sexual relations with a client, or for being a spectator to a show with pornographic performances involving a child under 18, in order to meet the demands of the EU directive on combating the sexual abuse of children. They also proposed adjusting the maximum penalties for aiding the prostitution of others.
With regards to a ban on buying sex, the Council concluded that such a ban would only be justified as a moral rejection of the purchase of sex. With the knowledge on prostitution in Denmark and the information on the experience of the ban on buying sex in other countries, the council's opinion was that a ban on buying sex will not have a significant positive impact in any other respects than the punishing those who purchase sex. On the contrary, a ban on buying sex could have negative consequences for a number of prostitutes in terms of worsening economic conditions and in the form of increased stigma.
On receiving their report, theMinister of Justice (Justitsministeren)Morten Bødskov made these remarks: "The government has also decided to follow the Criminal Code Council recommendation not to impose a ban on buying sex (købesex). The Criminal Council study shows that a ban on buying sex is not likely to lead to a decrease in prostitution or the exploitation of prostitutes, but rather is likely to have negative consequences for the prostitutes." (21 November 2012).[8][nb 1]
§ 228
(1) Any person who-
1) induces another to seek a profit by sexual immorality with others; or
2) for the purpose of gain, induces another to indulge in sexual immorality with others or prevents another who engages in sexual immorality as a profession from giving it up; or
3) keeps a brothel;-shall be guilty of procuring and liable to imprisonment for any term not exceeding four years.
(2) The same penalty shall apply to any person who incites or helps a person under the age of twenty-one (21) to engage in sexual immorality as a profession, or to any person who abets some other person to leave the Kingdom in order that the latter shall engage in sexual immorality as a profession abroad or shall be used for such immorality, where that person is under the age of twenty-one (21) or is at the time ignorant of the purpose.
§ 229
(1) Any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession, shall be liable to imprisonment for any term not exceeding three years or, in mitigating circumstances, to simple detention or a fine.
(2) Any person who lets a room in a hotel or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.
§ 233
Any person who incites or invites other persons to prostitution or exhibits immoral habits in a manner which is likely to annoy others or arouse public offence shall be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.
TheUS State Department said that a 2008 report from the National Board of Social Services states that police estimate the number of persons involved in prostitution is approximately 5,500.[9]
The traditional center for prostitution inCopenhagen is the district behind theCopenhagen Central Rail Station (mainlyIstedgade,Halmtorvet andSkelbækgade). At the commencement of 2009, the number of street-based sex workers and sex-oriented businesses in the area was declining, but there appeared to be a growth in numbers by the middle of that same year.[10]Most of the people entering the industry originated from Eastern Europe and Africa.
Like many other European cities, many sex workers now use internet-based advertisements forincall andoutcall services.[11]
A 2009 study byTAMPEP estimated that migrant workers make up 65% of all prostitutes in Denmark.[12]However, the most recent report from theServicestyrelsen agency states that about half of the sex workers in Denmark are migrants. The largest group, about 900, come fromThailand and, typically, these workers hold aresidence permit or Danish citizenship. The migrant workers are entitled to a wide range of social and health benefits, but are not always aware that such services exist for them. The next largest group, totaling about 1,000, are fromEuropean Union (EU) countries in Central and Eastern Europe, but tend to commute between Denmark and their homeland; such individuals are therefore not entitled to receive assistance from Danishsocial services. The third largest sex worker migrant group, from Africa (especiallyNigeria), numbers around 300 and a number of the African migrants commute between otherSchengen Area countries and Denmark. (A similar situation exists inNorway.)[13]
A number of women from all three migrant groups may be victims ofhuman trafficking, the actual proportion is unknown, with no reliable figures detailing the number of trafficked persons currently available for analysis. In 2008 the police met with 431 women suspected of association with trafficking and 72 were confirmed to be victims. According to Copenhagen police, women are recruited in their native countries, transported to Denmark, and then forced into prostitution.[9]
A 2005 study of male clientele by Claus Lautrups found that 14% of Danish men have paid for sex at least once.[14][15]
The then-Social Democrat (S) government ofPoul Nyrup Rasmussen reformed the penal code on 17 March 1999, coming into force on 1 July 1999 to decriminalise prostitution. The Social Democrats lost power in 2001.
As elsewhere inScandinavia, there has been a continuing debate about the status of prostitution laws. The then-oppositionSocial Democrats and feminist groups favoured outlawing the buying of sexual acts in 2009.[16]This would have put Denmark in line withSweden,Norway, andIceland, Norway having adopted such legislation in 2009. This position was supported by a number of opposition parties, including theRed-Green Alliance (Enhedslisten, EL) and theSocialist People's Party (SF), but not theSocial Liberals (R). This position had little popular support, only about 26% supporting the measure. (seePublic opinion). At that time, Denmark was governed by acentre-rightminority government consisting of theLiberal Party (Venstre, V) and theConservative People's Party (Det Konservative Folkeparti, DKF).
In June 2011, responding to both an opinion poll and recentresearch (which see) the oppositionSocial Democrats (S), supported by theSocialist People's Party (SF), were in favour of theSwedish model of banning the purchase of sex, and did not consider the issue of rights identified in the 2011 poll. This put them at odds with the minority governing parties, theLiberals (Venstre) (V), although the position of the junior governing party, theConservatives's (K), position was less clear. On the other hand, the oppositionPeople's Party (DF) was more supportive of rights, looking toNew Zealand. In Denmark's complex political mosaic, theRadicals (Social Liberals) (R), who were divided on the issue, were in a position of holding the balance of power on the issue. It was anticipated that if the Social Democrats were returned to power, they would follow Sweden's example.[17]
In the September 2011 elections, the centre-right coalition lost power to acentre-left coalition led by the Social Democrats, together with the Social Liberals and theSocialist People's Party (Socialistisk Folkeparti, SF), and were in a position to change the laws. However, the Socialist People's Party withdrew from the coalition on 30 January 2014,leaving the Social Democrats heavily dependent on the support of the opposition Venstre, and consequently having to modify their election promises, although the Socialist People's party continue to support the government.
A public opinion poll in 2011 showed that 61% of Danes think Danish sex workers should have more rights, and their profession recognised. Support was found by the majority of voters for all parties, but most noticeably for the relatively smallLiberal Alliance (LA). The question was:"In Denmark, prostitution is legal, and prostitutes are in principle taxable. Prostitution is not recognised as a profession, and the prostitutes are not able to join a union, receive benefits, or be eligible for employment insurance. Are you in favour or opposed to prostitutes being allowed to join a union in order to receive benefits and employment insurance?"[17]
In 2010, the Danish government, responding to criticisms that the debate on prostitution was largely based on myths and stereotypes, allocated DKK 4 million for a national survey byDet Nationale Forskningscenter for Velfærd,[18] which was published in 2011 asProstitution i Danmark.[19] The report stressed that prostitution cannot be treated as a monolithic or homogeneous entity, in particular drawing a distinction between outdoor (street) and indoor work. It suggested a more targeted approach, pointing out that most sex workers had chosen their profession, rather than being coerced.[17]
UnderDanish Jurisdiction, the legal status of prostitution remains lawful. However, there is no evidence of organised prostitution within the self-governing territory.[20]
Prostitution inGreenland is illegal.[21] Although the country is subject to thelaw of Denmark in most areas of legislation, Denmark's decriminalisation of prostitution in 1999 has not been applied in Greenland.[20] In addition, Greenland is exempt from the obligations of thePalermo Protocol on human trafficking to which Denmark is a signatory,[20] but there is little evidence of human trafficking in Greenland.[22] A report published in 2008 indicated that Greenland had no signs of visible or organised prostitution, no services directed specifically at prostitutes and no instances of prostitution-related court cases. It did, however, refer to claims thattransactional sex had sometimes been used, for example, in return for temporary housing.[20] In a tradition associated withGreenlandic Inuit, hosts have been reported to have offered their wives to guests in a form of "hospitable prostitution".[23][24] The colonists who founded the country's capitalNuuk in 1728 included prostitutes among their number.[25]
