Criminality of the Abuse of Prostitution: A Socio-Legal Study of Case Files in Slovenia

The article is based on an empirical socio-legal analysis of criminal court case files concerning the abuse of prostitution in Slovenia. Based on the theoretical framework developed by Petra Östergren, the authors analyse whether the Slovenian regulatory system on sex work is repressive, restrictive or integrative. The paper explores how the courts define “abuse” and “exploitation” of prostitution, how the participation of third parties in sex work activities is dealt with by the courts, how the vulnerability of sex workers is treated, and how the existence of consent is considered before the courts. The paper examines the files for moral arguments, stereotyping, and stigmatisation, as well as references to occupational risks in the field of sex work and sex workers’ rights. In the conclusions the authors argue that in Slovenia the characteristics of the restrictive model, with elements of both repressive and integrative, prevail.