Prostitution and Trafficking in Portugal: Legislation, Policy, and Claims

Abstract

This paper documents recent changes in legislation and policies surrounding prostitution in Portugal while discussing the role played by sexual trafficking in the way prostitution is framed, institutionally and socially, in the country. In Portuguese legislation, prostitution has not been a crime per se since 1982, but activities related to prostitution, including pimping and benefitting from the prostitution of others, are considered crimes. This legal inconsistency is further complicated by the lack of specific policies addressing the living and working conditions of sex workers. At the same time, growing concern about sex trafficking has resulted in a new set of policies that ultimately influence the regulation of prostitution, in particular the prostitution of immigrant women. This paper shows that these sex-trafficking-related policies and practices have contributed to creating idealized types of “victims” and investigates the risks and consequences of this typology.