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In 1967, Europe’s largest brothel at the time, the six-floor Eros Center , was opened on the Reeperbahn in Hamburg. An even larger one, the twelve-floor building now called Pascha in Cologne was opened in 1972. The AIDS scare of the late 1980s was bad for business, and the Eros Center as well as several other brothels in Hamburg had to close. [ 11 ] [ 12 ] The Pascha continued to flourish however, and now has evolved into a chain with additional brothels in Munich and Salzburg.
Anything done in the “promotion of prostitution” ( Forderung der Prostitution ) remained a crime until 2001, even after the extensive criminal law reforms of 1973. This put the operators of brothels in constant legal danger. Most brothels were therefore run as a bar with an attached but legally separate room rental. However, many municipalities built, ran and profited from high rise or townhouse-style high-rent Dirnenwohnheime (lit.: “whores’ dormitories”), to keep street prostitution and pimping under control. Here prostitutes sell sex from a room that they rent by the day. These establishments are now mostly privatized and operate as Eros Centers .
The highest courts of Germany repeatedly ruled that prostitution offends good moral order ( versto?t gegen die guten Sitten ), with several legal consequences. Any contract that is considered immoral is null and void, so a prostitute could not sue for payment. Prostitutes working out of their apartment could lose their leases. Finally, bars and inns could be denied a license if prostitution took place on their premises.
In 1999, Felicitas Weigmann [ 13 ] lost the license for her Berlin cafe Psst! , because the cafe was being used to initiate contacts between customers and prostitutes and had an attached room-rental also owned by Weigmann. She sued the city, arguing that society’s position had changed and prostitution no longer qualified as offending the moral order. The judge conducted an extensive investigation and solicited a large number of opinions. In December 2000 the court agreed with Weigmann’s claim. This ruling is considered as precedent and important factor in the realization of the Prostitution Law of 1 January 2002. Only after an appeal process though, filed by the Berlin town district, was Weigmann to regain her cafe license in October 2002.
The compulsory registration and testing of prostitutes was abandoned in 2001. Since then, anonymous, free and voluntary health testing has been made available to everyone, including illegal immigrants. Many brothel operators require these tests.
Legislative reform (2002)
In 2002 a one page law sponsored by the Green Party was passed by the ruling coalition of Social Democrats and Greens in the Bundestag. The law removed the general prohibition on furthering prostitution and allowed prostitutes to obtain regular work contracts. The law’s rationale stated that prostitution should not be considered as immoral anymore.
The law has been criticized as having not effectively changed the situation of the prostitutes, often because the prostitutes themselves don’t want to change their working conditions and contracts. [ 14 ] The German government issued a report on the law’s impact in January 2007, concluding that few prostitutes had taken advantage of regular work contracts and that work conditions had improved only slightly, if at all. [ 15 ]
Between 2000 and 2003, the visa issuing policies of German consulates were liberalized. The opposition claimed that this resulted in an increase in human trafficking and prostitutes entering the country illegally, especially from Ukraine. The episode led to hearings in 2005 and is known as the German Visa Affair 2005.
In 2004 the Turkish gang leader Necati Arabaci was sentenced to 9 years in prison for pimping, human trafficking, assault, extortion, weapons violations and racketeering. [ 16 ] His gang of bouncers controlled the night clubs in Cologne’s entertainment district, the Ring, where they befriended girls in order to exploit them as prostitutes. [ 17 ] After Arabaci’s arrest, informants overheard threats against the responsible prosecutor, who received police protection and fled the country in 2007 when Arabaci was deported to Turkey. [ 18 ]
In 2004, the large FKK-brothel Colosseum opened in Augsburg, and police suspected a connection to Arabaci’s gang, which owned several similar establishments and was supposedly directed from prison by its convicted leader. [ 19 ] After several raids, police determined that the managers of the brothel dictated the prices that the women had to charge, prohibited them from sitting in groups or using cell phones during work, set the work hours, searched rooms and handbags, and made them work completely nude (charging a penalty of 10 euros per infraction). In April 2006, five men were charged with pimping. The court quashed the charges, arguing that the prostitution law of 2002 created a regular employer-employee relationship and thus gave the employer certain rights to direct the working conditions. Colosseum remained in business. [ 20 ]
Early in 2005, English media reported that a woman refusing to take a job as a prostitute might have her unemployment benefits reduced or removed altogether. [ 21 ] A similar story had appeared in mid-2003; a woman received a job offer through a private employment agency. In this case however, the agency apologized for the mistake, stating that a request for a prostitute would normally have been rejected, but the client misled them, describing the position as “a female barkeeper.” To date, there have been no reported cases of women actually losing benefits in such a case, and the employment agencies have stated that women would not be made to work in prostitution. [ 22 ]
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