PROSTITUTION LAW in France : implementation of the awareness raising period for clients

Published on Thursday, 22 December 2016 07:33

Eight months after the prostitution law was voted, the publication, on December 14th, of the decree concerning the awarenes training period related to the fight against the purchase of sexual acts constitutes a major step in the implementation of the judicial aspect of this new device which aims at reinforcing the fight against the prostitution system and accompanying the prostituted persons.

The anti- prostitution system global law dated April 13th 2016 at once takes into account victims, traffikers,clients and the public opinion ; it combines a prevention approach  (awareness raising of young people, funds for prostitution prevention), a social approach  (global support providing alternatives to prostitution and dedicated integration measures) and a judicial approach (cancelling of the offence for solliciting, reinforcing of the fight against procuring and human trafficking with purposes of sexual exploitation, making clients responsible).

>>> Read also : Prostitution Law in France : A law intended to protect the most vulnerable ones

A highlighted measure within a relevant framework

Within the relevant framework of the new measures aiming at better prosecuting and punishing perpetrators, the article 21 of the April 13th 2016 law has created an awareness raising period in relation with the fight against the purchase of sexual acts, as an additional penalty in case of someone else’s prostitution ( a new 5th class petty offence punishable by a 1500 euros’ fine) or as the alternative to legal proceedings.

>>> Read also : the 8 key points of the April 13 th 2016 law against prostitution in France

The decree n° 2016-1709 dated December 12th 2016 relating to the sense of responsibility raising  for the prevention and fight against sexist or domestic abuses and to the awareness raising period for the fight against the purchase of sexual acts is an additional measure to the provisions of the penal code and the code of criminal procedure in order to clarify the objective (article R. 131-51-3 of the penal code), the content and the modes of enforcement of the training period (articles R. 131-51-4 et R. 131-36 to R. 131-44 of the penal code).

Making clients aware of the realities of prostitution and the effects of their acts

Respectful of the spirit of the April 13 th 2016 law and its December 12th 2016 enforcement decree, the awarenes raising period in relation with the fight against the purchase of sexual acts aims at :

-       Informing  and making clients aware of the realities of prostitution and the results of the merchandization of the bodies ;

-       Making them aware of their responsibility in the prostitution system of which they are full actors ;

-       Explaining the law and the penalty, and making the clients feel responsible for the perpetrated acts (civil and criminal liability) ;

-       Preventing repeat offence ;

-       Changing behaviors.

In order to address these objectives, the December 12th 2016 decree establishes the modes of enforcement, the organization and development of the training period.

The duration (1 month) and the maximum cost (450euros) for this penalty have been integrated in a new article 131-5-2 of the penal code by the n°2016-731 law dated June 3rd 2016 reinforcing the fight against organized crime, terrorism and their financing, and improving theefficiency and garantees of the criminal procedure (article 108).

Partnership with professionals of the fight against the prostitution system

The decree in relation with the awareness raising period for the fight against the purchase of sexual acts provides that the training units could be developed  with the help of public or private persons whose activity is to support or assist prostitution victims.

In this case, the authorized person or organization concludes a convention with the State Counsel, which specifies the content of the unit, its duration, its particular aims, the terms of the provided service, as well as the financial modes of the engaged costs ;