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Sexual exploitation   

When a person's predicament or helplessness is exploited to force them into prostitution or other sexual services through which they are exploited, this is referred to as human trafficking for sexual exploitation and forced prostitution.   

Human trafficking for the purpose of sexual exploitation can be divided into three steps:   

  • Recruitment (human trafficking)   
  • Arrangement to engage in exploitative activity (forced prostitution)   
  • Exploitation   

According to Section 232 (1) a of the German Criminal Code, human trafficking for sexual exploitation occurs when a person's personal or economic distress or helplessness due to their stay in a foreign country is exploited and this person is recruited, transported or accommodated for the purpose of sexual exploitation.    

Inducing exploitative activity is covered by Section 232a of the German Criminal Code as forced prostitution. This includes persuading the person concerned to engage in or continue prostitution or sexual activity by exploiting their distress, their helplessness associated with their stay in a foreign country, or their young age (under 21). The person who forces someone into prostitution does not have to be the same person who recruited or transported them.   

  • Section 233a of the German Criminal Code covers cases in which sexual exploitation or other forms of human trafficking take place through deprivation of liberty, i.e. locking someone in.   

Human trafficking for sexual exploitation can affect migrants as well as people born and raised in Germany. Nationality is not relevant, as well as crossing of borders does not necessarily have to occur.  

Recruitment often takes place under false pretences, with victims being deceived, e.g. by advertisements about the nature of the work or the working conditions. As a result, victims may find themselves confronted with working conditions to which they did not previously agree to and be forced to offer sexual services under these conditions. Other means of coercion can include, for example, withholding of identity documents, physical or psychological violence, deprivation of food, coercion, blackmail, constant surveillance, threats against family members, or the partial or complete surrender of earnings.   

We are aware that the issues of human trafficking and sexual exploitation in particular are the subject of intense social and political debate. We attach great importance to the distinction between sexual exploitation and sex work or prostitution. For information on sex work and prostitution, please contact the relevant experts, e.g. specialised counselling centres or professional associations.