The PSOE is pushing forward again with the regulation it tried to pass in May 2022, which lapsed due to the dissolution of the Cortes Generales (Spanish Parliament). Equality Minister Ana Redondo announced at the Congress Equality Committee that her party will register "soon" a private member's bill to include third-party exploitation in the Penal Code: punishing anyone who profits from providing premises for prostitution, even with consent. It also proposes fines for men paying for sens.
The starting point is the text registered by socialists in Congress in May 2022. Equality sources confirm this. The initiative isn't new; what's new is the timeline.
What third-party exploitation actually punishes
The incivil figure doesn't target the person selling sens, but the one benefiting from the space. Anyone renting an apartment, room, or venue for prostitution —even with consent— faces incivil liability. This is the core of the text that lapsed in 2022 and is now revived.
The second pillar is the client fine. The PSOE proposes sanctioning men who pay for sens. The announcement lacks details on amounts or procedure, but sets the direction: targeting demand, not just supply.
This combination has a practical consequence hinted at in the announcement: if venues are penalized and clients fined, the business shrinks from both ends. Brothels, as known today, come under fire.
Why the announcement reignites abolitionist vs. regulatory debate
The debate isn't new. One current, abolitionism, argues prostitution is exploitation and the state must punish those profiting and paying. Another, regulationism, contends that fining clients pushes the sector underground, leaving workers without protection or labor rights.
Material accompanying the announcement shows a third, more descriptive view: those arguing the measure is unapplicable in practice. They claim activities get relabeled —massages, companionship, leisure services— making relationships undetectable to the state. A circulating calculation supports this: if only those involved know what's contracted, fines can't be collected.
Some also point out comparative grievances: the norm focuses on heterosenshetero female prostitution, excluding other circuits. The text doesn't clarify this, but the criticism remains relevant.
Attributed effects: from price hikes to shift toward rentals
Debate arguments include varied predictions. Some claim the norm reduces demand and thus exploitation. Others anticipate the opposite: less legal, more opaque supply, and rising prices in surviving circuits.
The displacement thesis also appears: if brothels are penalized, activity moves to private apartments, venues advertising as something else, or digital platforms. This mirrors patterns in other prohibited markets: prohibition doesn't eliminate demand, it relocates it.
A less discussed consequence: if venues are punished, unknowing landlords face exposure. The announcement doesn't specify exemptions, but legal risk for landlords is a key issue raised.
What happens next with the bill
The announcement is just an announcement. The minister spoke of registering the bill "soon" in Congress. There's no date, no final text, and no guarantee it will pass: the 2022 version lapsed due to parliamentary dissolution, and this could share the same fate if electoral calendars interfere.
The PP hasn't defined its position in available material. The ball is in Congress's court, and the score is zero-zero.
What doesn't quite fit is the alignment between the declared goal —combating exploitation— and the chosen instrument: fining clients and penalizing venues. If the problem is exploitation, focus should be on those experiencing it. If the problem is demand, focus is on those paying. The law does the latter while presenting it as the former. This mismatch likely determines whether the text survives until the end of the legislative term.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (141 replies).
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