Sexual exploitation in the context of human trafficking
Sexual exploitation in trafficking refers to the use of a person for sexual activities from which another person profits, including exploitation of prostitution or other forms of sexual exploitation, obtained through coercion, abuse of vulnerability, deception or similar means.
The “Loverboy” method refers to a recruitment and control strategy used in human trafficking in which a perpetrator (often a man) deliberately establishes a seemingly romantic relationship with a usually young girl or woman in order to create emotional dependency, trust, and attachment.
Once dependency is established, the perpetrator manipulates, coerces, or pressures the victim into sexual exploitation, typically for financial gain.
The “Loverboy” method is not a separate criminal offence, but a modus operandi that falls within the legal definition of trafficking in human beings when the required legal elements are met.
Read more: europol.europa.eu
In EU trafficking law, prostitution becomes criminally relevant when there is exploitation of the prostitution of others, meaning a third party profits from or controls a person’s prostitution through coercion, abuse of vulnerability, or similar means.
In Germany, prostitution is legal and regulated under the Prostituiertenschutzgesetz (ProstSchG) and the Prostitutionsgesetz (ProstG). The law recognizes prostitution as a legal activity, allowing sex workers to enter enforceable contracts and access social security systems. Under the ProstSchG (in force since 2017), sex workers must register with authorities, attend mandatory health counseling, and receive an official certificate; this registration must be renewed regularly. Operators of brothels or prostitution businesses must obtain a license, meet strict safety and hygiene requirements, and are subject to inspections. Authorities can impose conditions to protect workers, including rules on working conditions and security.
At the same time, German criminal law sets clear limits. Under Section 181a German Criminal Code (StGB), pimping is punishable when it involves exploitation, control, or coercion of a sex worker or taking advantage of their dependency; penalties can reach up to 5 years imprisonment. Related offenses include Section 180a German Criminal Code (StGB) (exploiting or directing prostitution in an abusive way). Human trafficking for sexual exploitation is criminalized under Sections 232 ff. German Criminal Code (StGB), covering recruitment, transport, or harboring of persons through coercion, deception, or abuse of vulnerability, with penalties up to 10 years in serious cases.
Strict protections apply to minors: prostitution involving persons under 18 is illegal, and sexual acts with minors are punishable under Sections 176–182 German Criminal Code (StGB), with absolute prohibition under 14.
Additional rules prohibit certain practices, such as unprotected sex on demand and advertising that violates legal restrictions
Pornography in the trafficking context refers to the production, distribution or use of sexual content involving a trafficked person for the purpose of sexual exploitation and profit. It is covered under “other forms of sexual exploitation.”
Online exploitation refers to the use of digital platforms, online services or communication technologies to recruit, control, advertise, exploit or profit from victims of trafficking for sexual exploitation.
Sexual slavery is a situation where a person is exercised over with powers attaching to ownership, including control over movement and sexual autonomy, for sexual exploitation. Practices similar to slavery include severe forms of control and exploitation equivalent to ownership.
Indicators of sexual exploitation are observable signs suggesting a person may be under control, coercion, or exploitation for sexual purposes, such as restriction of movement, fear, dependency, confiscation of documents, or evidence of sexual abuse. EU law requires mechanisms for early identification and referral of victims.
Read more: Directive (EU) 2024/1712, Art. 2
