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Prostitution in Norway
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Prostitution in Norway
Prostitution in Norway is illegal and a criminal act when sexual acts are purchased, but not when sold. The Norwegian law prohibiting the buying of sexual acts came into effect on 1 January 2009, following the passing of new legislation by the Norwegian parliament in November 2008. Soliciting and advertising "sexual services" is also illegal under the Norwegian Criminal Code section 378 and section 202(3).
In early times, proscription of prostitution fell under more general laws on fornication and adultery, particularly after the Reformation. Around this time, sexual acts started to be moved from civil law (largely with fines) to criminal law. For instance, in one part of Mediaeval law, the Frostathing Law, it is stated, "If a woman lies with a man whom she is not allowed to possess, she owes a fine of three marks, just as he does with whom she lies". Regulation of sexuality in the High Middle Ages was largely a function of the Church, for whom only heterosexual sexual relations within marriage were acceptable. Despite this, prostitution was not considered amongst the most serious sexual crimes, but was frequently associated with other nuisances such as gambling, drinking, and causing a disturbance.
Prostitution was criminalised in Norway with the introduction of the new Criminal Code (Norske Lov) in 1842, but was made legal again when the Penal Code (Straffeloven) was revised in 1902, when the prohibition of both the sale and purchase of sex was lifted. However, even during that time, it was actually tolerated and regulated in practice, in the larger cities such as Oslo, Bergen, and Trondheim. While prostitution was defined as an immoral vice, it was street prostitution that was especially frowned upon, being visible. It was also considered important to distinguish between "decent" and "indecent" women. The regulation of prostitution in Europe (Regulationism) was closely tied to the concept that prostitution was a source of venereal disease, requiring medical supervision. This form of regulation first appeared in Bergen, then the largest Norwegian municipality, in 1816, in (what is now known as) Oslo in 1840, and Trondheim in 1844. Regulation was at least on the surface contrary to the Penal Code which had made fornication and hence prostitution a criminal offence in 1842. In practice the latter law was considered only to apply to males.
The media, the church, and social commentators started to express concerns about prostitution which was labelled as The Great Social Evil. Various institutions stated a desire to rescue 'fallen women', and help them exit their trade and 're-enter society', training them for positions such as domestic servants.
In the mid-nineteenth century, there was a growth of organised society, in which religious and philanthropic organisations developed, many of which had a predominance of women members. Amongst these were "societies for the defense of moral standards", concerned inter alia with prostitution and the government's failure to deal with it.
Brothels were eventually prohibited in Norway in 1887 as part of a pan-European moral reform campaign of Abolitionism that replaced Regulationism and was supposed to end prostitution. The change in the Penal Code in 1902 did not, however, mean that prostitution was more tolerated by society. The exchange of sex in one's own home was now legal, but loitering and procurement was not, and women seen selling sex in public were directed to "rehabilitation" programs.
A Pan-Scandinavian conference on prostitution was held in Lillehammer in 1993. Sex workers participated, and the emphasis was on harm reduction. Liv Jessen from Pro-Sentret compared this to the punitive approach of the radical "Women's Front" (Kvinnefronten), a feminist activist group. The debate on what to do was to continue for another 30 years. Kvinnenfronten had been founded in 1972, and was to work for a change in the law over all of that time.
The criminal code deals with organised crime (Section 60a), third parties (tredjeparts), and procurers, such as pimps (hallik, halliker (pl.)) or madams (S 202), purchase of sexual "services" (S 202a), purchase under 18 (S 203), and human trafficking (menneskehandel) (S 224).
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Prostitution in Norway
Prostitution in Norway is illegal and a criminal act when sexual acts are purchased, but not when sold. The Norwegian law prohibiting the buying of sexual acts came into effect on 1 January 2009, following the passing of new legislation by the Norwegian parliament in November 2008. Soliciting and advertising "sexual services" is also illegal under the Norwegian Criminal Code section 378 and section 202(3).
In early times, proscription of prostitution fell under more general laws on fornication and adultery, particularly after the Reformation. Around this time, sexual acts started to be moved from civil law (largely with fines) to criminal law. For instance, in one part of Mediaeval law, the Frostathing Law, it is stated, "If a woman lies with a man whom she is not allowed to possess, she owes a fine of three marks, just as he does with whom she lies". Regulation of sexuality in the High Middle Ages was largely a function of the Church, for whom only heterosexual sexual relations within marriage were acceptable. Despite this, prostitution was not considered amongst the most serious sexual crimes, but was frequently associated with other nuisances such as gambling, drinking, and causing a disturbance.
Prostitution was criminalised in Norway with the introduction of the new Criminal Code (Norske Lov) in 1842, but was made legal again when the Penal Code (Straffeloven) was revised in 1902, when the prohibition of both the sale and purchase of sex was lifted. However, even during that time, it was actually tolerated and regulated in practice, in the larger cities such as Oslo, Bergen, and Trondheim. While prostitution was defined as an immoral vice, it was street prostitution that was especially frowned upon, being visible. It was also considered important to distinguish between "decent" and "indecent" women. The regulation of prostitution in Europe (Regulationism) was closely tied to the concept that prostitution was a source of venereal disease, requiring medical supervision. This form of regulation first appeared in Bergen, then the largest Norwegian municipality, in 1816, in (what is now known as) Oslo in 1840, and Trondheim in 1844. Regulation was at least on the surface contrary to the Penal Code which had made fornication and hence prostitution a criminal offence in 1842. In practice the latter law was considered only to apply to males.
The media, the church, and social commentators started to express concerns about prostitution which was labelled as The Great Social Evil. Various institutions stated a desire to rescue 'fallen women', and help them exit their trade and 're-enter society', training them for positions such as domestic servants.
In the mid-nineteenth century, there was a growth of organised society, in which religious and philanthropic organisations developed, many of which had a predominance of women members. Amongst these were "societies for the defense of moral standards", concerned inter alia with prostitution and the government's failure to deal with it.
Brothels were eventually prohibited in Norway in 1887 as part of a pan-European moral reform campaign of Abolitionism that replaced Regulationism and was supposed to end prostitution. The change in the Penal Code in 1902 did not, however, mean that prostitution was more tolerated by society. The exchange of sex in one's own home was now legal, but loitering and procurement was not, and women seen selling sex in public were directed to "rehabilitation" programs.
A Pan-Scandinavian conference on prostitution was held in Lillehammer in 1993. Sex workers participated, and the emphasis was on harm reduction. Liv Jessen from Pro-Sentret compared this to the punitive approach of the radical "Women's Front" (Kvinnefronten), a feminist activist group. The debate on what to do was to continue for another 30 years. Kvinnenfronten had been founded in 1972, and was to work for a change in the law over all of that time.
The criminal code deals with organised crime (Section 60a), third parties (tredjeparts), and procurers, such as pimps (hallik, halliker (pl.)) or madams (S 202), purchase of sexual "services" (S 202a), purchase under 18 (S 203), and human trafficking (menneskehandel) (S 224).