The Dark Side of Germany, Dubbed Europe’s Brothel, as Legalization Brings the Sex Industry into the Mainstream

This is the second installment (latter half) of sex industry journalist Akira Ikoma’s series The World’s Sex Trade and the State, which examines how countries around the world regulate sex work. Focusing on the legalization model, this section introduces the case of Germany and explores the reality behind what has been called the brothel of Europe.

[Part 1] “What Would Happen If We Simply Legalized It?” The Achievements and Challenges of the Legalization Model of Sex Work as Seen in the Netherlands

Sex work is highly visible

Among the countries that have legalized sex work, Germany has a higher degree of state intervention than the Netherlands. Because it imposes detailed regulations through laws and local ordinances, its approach is also referred to as the regulatory model.

Based on the idea that sex work is a necessary evil and that if it cannot be eliminated anyway, it is better to regulate it, the industry is placed under government management and supervision. Local governments designate areas where prostitution is permitted (zoning) and strictly enforce control by imposing penalties on illegal operations. In most cities, both business locations and operating hours are regulated.

Sex workers are recognized as registered workers. Their income is subject to taxation, and they are required to undergo health examinations and fulfill other obligations. They must receive regular sexually transmitted infection screenings and carry proof of their health examinations.

One advantage of this system is that by placing sex workers under official supervision, they become eligible for social security and legal protections, helping safeguard their health and safety.

In 2017, the Prostitutes Protection Act came into force, providing additional protections for sex workers. The law requires sex industry operators to submit business plans to government authorities and prohibits advertisements promoting sexual services involving pregnant women. It also requires the use of condoms by both sex workers and their clients.

Germany’s sex industry is relatively visible. Advertising for prostitution services is legal, and promotion through websites and media is permitted. Advertisements for sexual services are commonplace throughout cities. In Cologne, for example, taxis displaying advertisements for major sex establishments reportedly catch visitors’ attention as soon as they leave the train station. In Berlin, buses and trucks prominently displaying advertisements for sex establishments can be seen, and even road bridges have carried giant advertisements for major sex businesses.

Germany also has many television programs that promote pornography and sex work. These programs present sex work in a positive light, with sex workers discussing how much they enjoy what they do and how exciting it is. Owners of sex establishments appear in the media as successful businessmen earning money through a clean business, and actors, singers, and athletes are said to visit such establishments without embarrassment.

Germany’s various forms of adult entertainment

In Germany, prostitution is regarded as something necessary for men and beneficial to society as a whole, and being a client of sex workers is not considered shameful. Some even argue that the law actively encourages the act of purchasing sexual services. When the law grants official approval, the number of users increases. One example is the emergence of young men celebrating their high school graduation by visiting sex establishments together.

Following the legalization of sex work in 2002, Germany’s market expanded, and many people entered the sex industry. As a result, the country is said to have around 400,000 sex workers—approximately ten times the number in France. Because all forms of commercial sex are legal, Germany has come to be known as the brothel of Europe.

There are two main types of government-approved sex establishments: “Eros Centers” and “FKK (Freikörperkultur).” An Eros Center is a facility where services are provided inside a multi-tenant building. An FKK establishment is a large sauna facility where customers negotiate with women before engaging in services. In Hamburg’s Reeperbahn entertainment district, brightly colored, massive Eros Centers line the streets. The presence of adult entertainment venues alongside banks and restaurants resembles the entertainment districts of cities such as Sapporo and Nagoya in Japan.

Mega brothels capable of accommodating up to 650 customers at one time exist in cities such as Munich and Berlin. Some of these establishments offer early bird specials that include a hamburger, beer, and sexual services as a package, while others provide discounts such as two people for the price of one or happy hour promotions.

One chain of adult entertainment establishments even runs gambling games where customers can win services free of charge in an effort to attract business. Some venues also issue loyalty cards, offering a 50 percent discount after five visits and one free visit after ten. In terms of the variety of discounts and promotional events offered, they are not much different from adult entertainment establishments in Japan.

The Problems with Germany’s Legalization Model

However, the legalization of sex work comes with many problems. The most significant is that it excludes those in the most vulnerable positions—such as immigrants and the poor—from the realm of legal sex work, effectively rendering them illegal once again.

In Germany, not only were sex industry operators legalized, but sex workers were also recognized as formal employees with access to social welfare benefits. In practice, however, only a very small number of sex workers registered. Many immigrants were unable to do so because of their legal status, while others could not meet the costs associated with registration, such as taxes, social security contributions, and health insurance payments. As a result, the majority were unable to participate in the legalized system.

Many of those excluded from legalization remain in unstable circumstances, unable to receive the protections and benefits that legalization was intended to provide. Although legalization was meant to make sex work visible through regulation, the reality has been the creation of a two-tiered structure in which a substantial number of people remain unseen and left behind.

Germany’s sex industry has long faced criticism over issues such as exploitation, forced labor, and violence. Problems related to immigration from poorer countries and human trafficking have also become increasingly serious. Not only feminists seeking the abolition of prostitution but even organizations that advocate for sex work have argued that “Germany’s legalization model is not desirable.” In addition, the concentration of large numbers of people from both within Germany and abroad, resulting in the expansion of the sex industry, has become a significant public safety concern.

The legalization of sex work effectively means the legalization of the business activities of sex industry operators. As the German example demonstrates, this can lead to the following chain of events:

An increase in customers purchasing sexual services → the entry of new businesses into the market → intensified competition among operators → the provision of cheaper and more extreme services that disregard the safety and dignity of sex workers → the erosion of the safety and dignity of sex workers.

A similar pattern occurred in Japan after dispatch-style adult entertainment services were legalized in 1998.

It seems like it would work in theory

Looking at examples from overseas, legalization offers significant theoretical advantages for the state, such as making the sex industry more transparent and collecting tax revenue. However, in practice, it becomes clear that not everything works out perfectly. Managing and controlling sex work through detailed regulations is far more difficult than it appears on paper and involves numerous challenges.

In modern Japan, the complete legalization of sex work would likely be difficult. The anti-prostitution movement that continued for more than eighty years since the Meiji era culminated in the enactment of the Anti-Prostitution Law in 1956. At a time when street prostitution in cities such as Tokyo and Osaka has become a social issue, and even the criminalization of clients—not just sex workers—is being considered, it is inconceivable that the state would officially recognize sex work.

Currently, advertising trucks promoting jobs at adult entertainment establishments have become controversial in municipalities across Japan, with complaints that they damage the cityscape. In such an environment, the kind of large-scale advertising for sex establishments seen in Germany would likely be impossible.

From a practical standpoint, it may be appropriate for Japan to maintain its current ambiguous system for the time being—one that seeks to curb the erosion of sexual morality through the Anti-Prostitution Law while simultaneously permitting aspects of the industry under the Entertainment Business Act, thereby maintaining public order and securing tax revenue through the benefits of legalization.

References

Sex Work Studies, edited by SWASH, Nihon Hyoronsha, 2018

The Principles of Sexual Self-Determination, Shinji Miyadai, Yukiko Hayami, Naohide Yamamoto, Yoshiko Miya, Seiji Fujii, Hiroaki Hirano, Noriko Kanazumi, Yuji Hirano, Kinokuniya, 1998

Sex for Sale, edited by Ronald Weitzer, translated by Miki Kishida, supervised by Goichi Matsuzawa, Pot Publishing, 2004

The Netherlands: A Prosperous Country with Zero Overtime and Zero Tuition, Naoko Richter, Kobunsha, 2008

In addition, numerous other books and online sources were consulted.