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SlickWilly

What Exactly Is In The Upcoming German Law?

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Does anybody know more specific details of The New German Law relating to the industry on the way?
I have looked at the ISG but it's very confusing on this issue.
It's not clear when it will be introduced - Jan 1 or July 1 in 2016.
It's main focus is a 'condom duty' in sex clubs which will or may not cut outlaw OWO and impact on RO and technically even fingering, it will thankfully ban Alles Ohne - ie bareback vaginal and anal, but you would have to be a serious lunatic to engage in those activities in the first place! The club operator and client can be seriously fined (even asking for BBBJ could cause an issue and a potential blackmail threat also).

The possibility of making OWO illegal sounds unenforceable and daft, but it's already the case in Saarland and Munich and apparently enforced, there have been cases of undercover cops, but the legal burden  falls on the sex worke in this case 
I also don't know what impact it may have on their famous Party Treffs and famous Gangbang clubs and if they are to be specifically outlawed also under the new law.

So any more exact details of this new law? It seems nobody really knows much!

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The first thing to understand is that at this time it is not a done deal.  The law has been proposed but has yet to be passed.  IF it does pass, it will be another six months before it takes effect.  So that means that any date bandied around at this time is wrong.

 

Next there is the question as to whether this law will pass and if it will be enforceable.  There is a lot of opposition to this as activists believe that it will have the opposite effect than the proposers intent.  It's called a Prostitute Protection bill but it's believed that it would backfire it passed.

 

Now, about the specifics of this "law".  What it will regulate is changing all the time, but currently it does not cover Gangbangs any longer.  What it does cover is the condom duty and forces all prostitutes to register the authorities at each and every venue that they work.  So clubs have to force every client to use a condom and will face fines if there is any kind of unprotected sex on site.  That includes OWO.  Clearly everyone is against that as how could it be enforced?  How can you ensure that condoms are used in private?  Even the police are calling this part unenforceable.

 

Next the registration requirement is drawing even more opposition, every girl working in a club, brothel, apartment or even a camper van or street has to register at that location before they can work, and every club owner is required to check that that the prostitute is registered before they can work.  It's supposed to stop trafficking of sex workers.  So that would make it difficult to switch clubs whenever you feel like it as you would have to register again.  It would also stigmatise anyone working in the sex industry as they would be on record as a sex worker.

 

There's also a Health and Safety requirement that any place of sex work will have certain protections such as alarms, security staff, something that would be impossible in an apartment or hotel room or camper.  It would basically restrict sex work to clubs and brothels that had been upgraded.

 

Activists believe that the sum of all these regulations would be to restrict the legal sex industry in Germany to a very limited number of places and drive the majority of sex worker to work illegally.

 

Therefore it's hard to say what this law will end up as, if it will pass and finally can it be enforced.

Edited by downandup

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The German Press (soory no link) is reporting it will be discussed/passed in The Bundestag between Dec 14 - Dec 18.

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I have seen a post on another forum suggesting the condom duty with all penetrative acts is retained so ending BBBJ and CIM and the registration requirement for sex workers will be retained in the new law. However, I have also seen a post suggesting it will not be law until 2 years after its passing eg Jan 1 2018!

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5 hours ago, downandup said:

It looks like the law has been revised again and yes some parts will not take effect until January 2018 but others will take effect 6 months after being passed.

Still, I don't think that this will pass:

http://www.sueddeutsche.de/politik/prostituierte-schutz-und-pflicht-1.2756192http://www.sueddeutsche.de/politik/prostituierte-schutz-und-pflicht-1.2756192

Thanks for this, I put it through Google Translate and the new row seems to be about registration and Health check ups and the times required for them. 

I find it hard to share your optimism that it won't be passed, if both major parties support it! It seems the ban on BBBj and obviously CIM stays in place, but gangbangs and flatrates and partytreffs can continue. Also if passed most stuff relevant to the punter will come in 6 months after publication in the official law book!

Of course there can be constitutional issues.

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I've learned a little more since then.  It appears that this might get past the Bundestag although even that's iffy but as you say the alliance of CDU, CSU and SPD may be strong enough.

But then it also has to pass the Bundesrat which is a different affair.  That's a Federal council of all the states.  And each state has a number of delegates who must vote in unison. If delegates don't vote the same the all the states votes are void.  If any abstain the whole state is against the law.  Now the Green Party is against this bill (due to the expense) and they are part of a Coalition in 8 of the states, their votes control 38 of 69 votes.

For example Hesse has 5 votes and the state is governed by CDU & Green.  So if the Greens abstain then that's 5 of 69 votes against it.  If they vote against CDU then there's no vote cast.

Edited by downandup

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It wasn't voted on or even debated in The Budestag during December at all! The Greens oppose and can have it thrown out by voting against it in the German version of the House Of Lords! So punters can continue as per usual in the Fatherland!

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It seems this PROPOSED new law has reached draft stage and is waiting to be voted on in The Bundestag, with a possible implementation date July, 2017. It includes a condom 'duty', but I don't know if it includes a ban on BBBJ.

Th Green Party is against it, so it could still fall if they vote against it in The Bundesrat!

http://www.thejournal.ie/germany-rostitues-condoms-2581566-Feb2016/

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Worryingly, with some upcoming state elections, The Greens may lose the abilty due to lack of numbers may lose the ability to block it in theupper house!

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Posted (edited)

Last week the Federal Cabinet has approved a draft regulation that will come into effect July 2017.  The best story I can find on it so far is http://www.tagesspiegel.de/politik/kabinett-stimmt-zu-verschaerftes-prostitutionsgesetz-kann-ins-parlament/13360380.html, just use google translate.

To sum up:

  • Condoms are obligatory
  • Prostitutes must register with authorities every two years
  • health councilling at least every year, twice annually if under the age of 21
  • Flat rate brothels will become illegal
  • Brothels will require permits and be subject to more stringent regulation
  • Brothels will be unable to "suggest" a price such as €50 for sex in FKK's
Edited by downandup

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Don't they have similar laws in the the State of Victoria in Australia? It seemed that the final result was just "for show", e.g. WGs are registered and must say they don't do OWO on the phone or email. It's not like they have an "inspection squad" or anything.

 

-W

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With a proposed fine of upto €50K, yes, you saw that right, for a punter caught getting OWO, it's wide open to blackmailing a client! Partytreffs, gang bangs and flat rates also appear to be on the way out and service providers cannot sleep where they work, so will have to rent separate apartments, all this points to vastly increased prices, which AFAIK is the case in Australia!

This insane law which still has to be passed won't become law until July 2017!

The Greens which have opposed it due to the administration complexity of it, did very well in the recent State elections and AFAIK could stop it in The Upper House!

 

 

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