In its decision published on Wednesday, the State Court of Estonia ruled that the term "prostitution" used in the Criminal Code includes exclusively sexual intercourse offered for a fee, but not other sexual acts.
In the case under consideration, the owner of a strip club and two barmaid-administrators were accused of pimping. According to the accusation, the dancers working in the club offered sexual services under the guise of private stripping and massage for a fee, with the aim of inducing sexual arousal in clients.
No sexual intercourse occurred during these actions. The county and district courts concluded that the defendants were engaged in pimping; however, the State Court acquitted them.
According to the Penal Code, in Estonia, pimping is punished as mediation in prostitution, aiding prostitution, and incitement to it, as well as owning and managing an establishment engaged in prostitution. However, the law itself does not define this concept, and it is not explicitly disclosed in other legal acts.
The prosecution viewed prostitution as paid sexual partnership, which includes either sexual intercourse or other sexual acts.
The county and district courts attempted to define the content of the term "prostitution" through judicial practice and legal literature.
In its decision, the State Court clarified that, besides paid sexual intercourse, other sexual acts should not be considered as prostitution, as this would constitute an unacceptable broadening of the scope of punishable acts. Sexual crimes represent sexual assaults and, by their nature, do not fit the definition of "prostitution."
The State Court noted that in common understanding, prostitution is understood as the sale of one’s body for sexual intercourse or earning money through sex. Sexual intercourse, in turn, usually refers to sexual acts in their various forms. Therefore, prostitution can only be considered as sexual intercourse performed for a fee.
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