The Protection Act for Prostitutes (ProstSchG) has been in force since July 1, 2017.
We will inform you about the changes and refer you to the legal text. This is only a summary of the most important reorganisations.With pleasure other questions can be also directed by telephone to us. The consultation offers with Nitribitt inc. are basically free and anonymously possible.
What stands in it in the ProstSchG? And what means for sex-working?
- Everybody who`s working as a sexworker no matter whether on the street, in the brothel, home or as an Escort, must announce itself as a Prostituierte*r. Eroticism or Tantra Masseur*innen and dominant official-performing (certificate to Tantra massage also count to it as a prostitution).
- Are excluded: Porns, Peepshows, pure Table dance performances, web Cam offers and phone sex.
- People to more than 21 years must extend the registration every two years; people less than 21 years every year. Who works without registration, a penalty must pay. Registration takes place in the trade office.
- With the registration work permit and town / local authority district must brag jede*r the full names, Registration adresse, date of birth, birthplace, nationality, if necessary (where er*sie would like to work) as well as 2 photos deliver, in Bremen 1 photo is currently sufficient. With it may be worked everywhere in Germany, unless, a federal state has made a divergent arrangement.
- With the registration there will be a personal exchange of information. Here should be informed to the rights and duties (e.g., health insurance, consultation offers and offers of help, taxes) by Sexworker. The authority should initiate with special consultation need and in case of a compulsive situation necessary measures.
- In addition to the exchange of information with the registration all Sexworker must consult on health subjects as for example sexually to transferable infections, pregnancy and drug use. The health consultation must be repeated all 12 months (with among 21-year-old all 6 months). In the conversation a certificate is issued. This must be presented to the registration as a Prostituierte*r and be led along always at the work.
- If all conditions for the registration are fulfilled, a registration certificate ("prostitute's identity card") is issued within 5 days.
- She includes: Name or (Alias), a photo, date of birth, birthplace, nationality, the announced places of work, the validity period (2 or 1 year / e) and where they was issued. Only then may be worked. The registration certificate ("prostitute's identity card") must be carried along at the work always. She is valid as a proof with controls and towards Betreiber*innen.
- The registration does not agree, who: not all necessary documents (e.g., certificate health consultation) submits or provides not all necessary information; less than 18 years is; 6 weeks before the exemption stands; less than 21 years is and to the sex work "is brought" or "highly foreign-certainly" works. Is valid for the last both points: actual clues must be given - a bare supposition is not here enough!
New regulations for Operators
- Who would like to pursue a prostitution trade, a permission must apply with the responsible authority. E.g., brothels, massage parlours, Escort agencies, studios, flats, caravans and parties count to it.
- Sexworker which work alone in her own flat do not need this permission.
- Among the rest, for the permission a company draught must be written and be presented. Moreover, the reliability is checked bythe Operator by the authorities.
- In addition, there will be some architectural editions (e.g., separate toilets, break rooms, emergency call systems). For flat brothels this will be difficult.
- Sexworkers are no longer allowed to spend the night in the work rooms of the companies. Brothels and appointment flats need for it separate cubicles and workrooms.
- Certain company draughts will receive no permission, as for example Flat rate brothels and way anxious parties, because they contradict according to law of the sexual self-determination and encourage the exploitation.- All Operators may let no woman without registration (and "prostitute's identity card") work with themselves. Otherwise they lose the permission or must pay high penalties.
- Operators must meet all arrangements with Sexworkers in writing and issue receipts about all payments. Moreover, they must keep exactly books who works when and what is earned.
- Operators must lay out condoms, lubricants and hygiene articles always and pay attention to hygiene. Moreover, they must admit prevention consultations too sexually to transferable infections in her rooms, e.g., by Employee of health centres or commissioned professional advice centres.
Some more regulations
Services without a condom (oral, anal, vaginal) will be banned. Advertising for it is also prohibited. If customers violate this, only they will be punished with heavy fines.
It is now expressly permitted that e.g. the police are allowed to enter business premises and even apartments for surveillance purposes, request inspection of documents and carry out personal checks at any time. Operators and employees are obliged to provide information.
The login data are saved and may be forwarded to other bodies for monitoring, information requirements and for measures in the event of distress, e.g. to the responsible tax office and the specified places of work. If the activity is carried out as a self-employed person, a tax registration is still required!
If the registration is not extended, the data stored for this purpose must be deleted after 3 months at the latest.