Legislation on the purchase of sexual services
Since 1999 it has been illegal to pay for casual sexual relations in Sweden. The penalty is a fine or imprisonment for at most one year. This applies both to those who pay for sexual relations and those who take advantage of casual sexual relations paid for by another person.
The Act Prohibiting the Purchase of Sexual Services (SFS 1998:408) entered into force on 1 January 1999. In connection with the sexual crimes reform of 2005, the Act was revoked and replaced by new legislation on the purchase of sexual services (Chapter 6, Section 11 of the Penal Code). On July 1, 2011, the maximum penalty for purchase of a sexual service was raised. The purpose of the amendment is to make possible a more nuanced assesment of the penal value in seriouse cases of purchase of sexual services.
Important for society to fight against prostitution
The reason behind the introduction of legislation on the purchase of sexual services was - and is - the importance for society of fighting against prostitution. Prostitution is considered to cause serious harm both to individuals and to society as a whole. Large-scale crime, including human trafficking for sexual purposes, assault, procuring and drug-dealing, is also commonly associated with prostitution.
Legislation expected to act as a deterrent
The vast majority of those in prostitution also have very difficult social circumstances. When the legislation was introduced, it was expected that it would act as a deterrent to those who purchase sexual services; the number of purchasers would therefore decline and the number of people in street prostitution and new recruits to prostitution would also go down. It was also pointed out that criminalising the purchase of sexual services could help make it harder for various groups or individuals in other countries to establish more extensive organised prostitution activities in Sweden or to carry out human trafficking for sexual purposes.
Gender-neutral legislation
The term `sexual relations´ primarily refers to intercourse, but also encompasses other sexual acts. `Payment´ refers to financial remuneration and also any other payment in kind - for example alcohol or drugs. The legislation is gender-neutral, i.e. both buyer and seller can be male or female. Attempting to purchase sexual services has also been criminalised.
However, it is not a crime to sell sexual services. Nor is the seller covered by the rules on complicity in a crime.
Evaluation of the legislation on the purchase of sexual services
At July 2, 2010 the Inquiry on evaluation of the ban on purchase of sexual services submitted its report Förbud mot köp av sexuell tjänst (Prohibition of the purchase of sexual services). En utvärdering 1999-2008 (An evaluation 1999-2008) (SOU 2010:49) to Minister for Justice Beatrice Ask. The purpose of the evaluation was to investigate how the prohibition, which has been in force for over ten years, works in practice and what effects it has had on the incidence of prostitution and human trafficking for sexual purposes in Sweden.
The evaluation shows that the ban on the purchase of sexual services has had the intended effect and is an important instrument in preventing and combating prostitution and human trafficking for sexual purposes.
