ProstSchG, Prostitutes Protection Act

The Prostitute Protection Act (ProstSchG)

The new Prostitute Protection Act (ProstSchG), which came into force on 1 July 2017, includes, among other things, a registration requirement (§ 3 ProstSchG). Self-employed companions in the erotic or escort-related sector must comply with the legal requirements of the responsible authorities. Oh Darling Escort exclusively arranges adult, self-employed individuals and adheres to applicable law in all its processes.

Prostitution in Germany

In Germany, prostitution is a legal occupation. The aim of the legislation was the shift from "protection from prostitution" to "protection within prostitution", so that people who work in the escort industry or in prostitution, for example, receive clearer rights and a more recognised position. At the same time, structured rules are intended to make pimping and exploitation more difficult.

In so-called restricted areas (e.g. in some large cities), special local prohibitions may apply (cf. among others § 184f StGB). As in other industries, transparent rules and requirements are the norm.

What falls under the Prostitute Protection Act?

Definition

A sexual service within the meaning of the Act exists when someone performs a sexual act on at least one person in return for payment or allows a sexual act to be performed on themselves in return for payment. This includes, for example, erotic massages, certain dominance/submission offerings, tantra offerings with a sexual component, or paid touching by third parties with a sexual connotation.

Excluded are, among others, purely film/video productions (pornography) without a direct service to the customer, pure table dance performances without a paid sexual service, and classic webcam/telephone offerings without physical performance, to be assessed legally and contractually on a case-by-case basis.

Prostitutes are persons who provide such services. Persons operating a prostitution business are, for example, operators of prostitution premises, organisers of corresponding events, or intermediaries (e.g. an escort agency in the legal sense).

What changes for you as a customer when booking an escort?

For you as a customer, the main practical changes are the clear legal requirements regarding advertising, solicitation and protection. In particular, certain sexual services may not be advertised or promised. Otherwise, booking a reputable, discreet companion remains subject to the agreement between the parties, within the framework of applicable law.

What changes for companions (escorts)?

Anyone who engages in prostitution or offers paid sexual services in the relevant sense must generally register with the responsible authority. There are deadlines for renewing the registration (depending, among other things, on age). Registration includes, among other things, information on the legal situation, health insurance, support services, tax obligations and health counselling; an identification document is issued that contains personal and professional mandatory information.

Condom requirement and notice from Oh Darling Escort

We at Oh Darling Escort expressly point out the statutory condom requirement. It is prohibited to pressure companions into unprotected sexual intercourse. The customer must ensure that condoms are used during sexual intercourse. Requests for "service without a condom" (vaginal, anal or oral) are not supported and are incompatible with the ProstSchG. Our arranged companions are aware of these requirements and reject any such attempts.

§ 32 ProstSchG, Condom requirement; advertising ban

32 Condom requirement; advertising ban (1) Customers of prostitutes as well as prostitutes must ensure that condoms are used during sexual intercourse. (2) The operator of a prostitution business is obliged to point out the condom requirement in prostitution premises, in other rooms regularly used for prostitution and in prostitution vehicles by means of a clearly visible notice. (3) It is prohibited, by disseminating writings, audio or visual media, data storage devices, images or depictions, to offer, announce or promote the opportunity for sexual services, or to make known statements of such content referring to the opportunity for sexual intercourse without a condom, even if the reference is made in an indirect or linguistically concealed form, in a manner which, by the nature of the depiction, by content or scope, or by the type of medium and its distribution, is capable of specifically impairing protected legal interests of the general public, in particular the protection of minors, or referring to the opportunity for sexual intercourse with pregnant women, even if the reference is made in an indirect or linguistically concealed form. Public display, posting, performance or any other form of making publicly accessible is equivalent to dissemination.

Explanatory notes on § 32 (excerpt, official explanatory memorandum)

The following paragraphs summarise the legislative reasoning in an abridged but faithful form (on paragraphs 1, 3 of § 32 ProstSchG).

On paragraph 1

An obligation is introduced for prostitutes as well as customers to use condoms during paid sexual intercourse, including vaginal, oral and anal intercourse. The concept of the condom aims in particular at responsible behaviour; male customers and male prostitutes are obliged to use one within the customer relationship, while female prostitutes and customers should ensure that a condom is used on the man's body. Violations of the condom requirement are relevant under administrative offence law for customers; the provision is also intended to empower prostitutes to insist on infection-protective practices.

On paragraph 2

The notice requirement is intended to additionally secure compliance with the condom requirement in prostitution premises and comparable rooms; operators should also work towards compliance.

On paragraph 3

The aim of number 1 is, among other things, to support the prevention of sexually transmitted diseases and to prevent misleading advertising for unprotected intercourse (including common abbreviations and paraphrases). Number 2 addresses excessive or youth-endangering advertising for paid sexual acts and ties in with supreme court developments on the former general advertising ban, but limits it to constellations with a concrete endangerment of protected legal interests.