Facilitating the prostitution of minors, treating prostitution as a public interest mission, affiliating pimps with the FEB… In short, that’s what the reform of criminal offenses in “sexual” matters would allow. And it’s unacceptable!!!
By Charles-Eric Clesse, Anne-Sophie Charle, Sophie Jekeler, board members of the Samilia Foundation; and Sandrine Cnapelinckx, director of the Samilia Foundation.
An open letter published on:
The reform of criminal offenses in “sexual” matters, pushed through at full speed and in utmost secrecy by the Minister of Justice, is about to be approved by the De Croo government. The text raises alarming questions regarding the fight against human trafficking and the protection of minors. Grassroots organizations have not been consulted. The wording of the text is indecipherable to anyone who is not a legal expert. It also incorporates concepts from the draft of the new Criminal Code, which has not yet been passed. Far-reaching changes are dramatically weakening Belgium’s legal framework for combating human trafficking. The main legal tools available to magistrates to protect victims and prosecute perpetrators of human trafficking are being abolished:
– Pimping is decriminalized in favor of a new concept of “abnormal” exploitation of prostitution;
– The prostitution of minors aged 16 to 18 is permitted if it cannot be proven that the pimps or clients knew the person was underage;
– Advertising sexual services online is legalized;
– The closure of establishments where sexual trafficking occurs will no longer be possible.
Decriminalization of pimping
Articles 380 to 382 of the Criminal Code are replaced by a single offense—deriving an “abnormal” advantage from sexual exploitation—reducing all harm to mere economic injury.
The pimp is thus turned into a respectable business owner.
No prosecution can take place if the profit is deemed “normal.” Dodo la Saumure, who unsuccessfully argued this point in court, must be rubbing his hands with glee.
To make matters worse, determining the threshold of what constitutes an “abnormal” profit will be extremely difficult. Since 1995, a similar provision has already weakened laws on real estate-related pimping to allow sex workers to operate in safe premises: renting property for this purpose is legal unless the landlord makes an “abnormal” profit. In practice, this benefits exploitative landlords: without an objective standard, courts are powerless to judge what constitutes an excessive rent. A rent that appears “normal” is often topped up by a key money payment or under-the-table surcharge that victims are too afraid to report, for fear of losing their spot in the “visible” prostitution zones where municipalities impose quotas on display windows.
The consequences of abolishing the offense of pimping for the fight against human trafficking will be incalculable. Investigations into trafficking are long and complex; victims are often moved to prevent their rescue and fear violent reprisals. Trafficking networks use a “win-win” strategy, allowing victims to keep a small share of their earnings to discourage them from pressing charges. To prove trafficking without victim testimony, investigators rely on related offenses such as pimping or money laundering. Without those legal tools, the number of sexual trafficking cases will plummet, ensuring impunity for perpetrators and stripping victims of their rights.
Facilitation of child prostitution
According to the International Convention on the Rights of the Child, a “child” is any person under 18 years of age.
The prostitution of minors is equated with trafficking, whether or not the perpetrator used coercion or deception.
The reform introduces a substantial change (1) requiring that the offense be committed knowingly and intentionally against a minor aged 16 to 18. This facilitates the prostitution of adolescents by shifting the burden of proof: the child or the public prosecutor will have to prove that the pimp or the client knew the victim’s age and intended to commit the offense. In other words: an impossible task.
Advertising sexual services on the Internet or social media
Article 380ter of the Criminal Code, which prohibits any form of advertising related to sexual services on the Internet — even when disguised by euphemisms — is repealed. Advertising by sites such as Richmeetbeautiful, condemned for its campaign on the ULB campus, will be freely permitted. Advertising sexual services involving minors remains prohibited, but only if the offense was committed knowingly and intentionally.
Closure of establishments and prostitution elevated to a public service mission
A new Article 433quater/4 authorizes the closure of establishments only in cases of “abnormal advantage,” except for establishments carrying out a public service mission. Does this imply that prostitution in Eros centers operated by municipal entities could be considered a public service mission?
What are the objectives?
The rights of adult sex workers who engage in prostitution voluntarily are already protected: prostitution is not a criminal offense; one may operate one’s own salon; and self-employed status is available.
Case law even upholds the rights of a sex worker under an employment contract, obliging the pimp to pay social security contributions despite the contract’s nullity.
So why repeal the articles on pimping — the very foundation of protection for the most vulnerable, namely victims of human trafficking?
The governing coalition agreement does not call for the decriminalization of pimping. By adopting this reform, our elected officials would take responsibility for denouncing international conventions ratified by Belgium, including the International Convention on the Rights of the Child.
Our current legislation has served as a model for the European Directive on combating human trafficking.
Soon, we risk finding ourselves among the “bad pupils” of the European Union and the Council of Europe, which may remind Belgium of its obligations in the fight against trafficking.
(1) Statement of reasons for the preliminary draft bill, p. 91.
