Prostitution in Norway is illegal and a criminal act when sexual acts are purchased, but not when sold. The Norwegian law prohibiting the buying of sexual acts came into effect on 1 January 2009, following the passing of new legislation by the Norwegian parliament in November 2008. Soliciting and advertising "sexual services" is also illegal under the Norwegian Criminal Code section 378 and section 202(3).
History
Early era In early times, proscription of prostitution fell under more general laws on fornication and adultery, particularly after the Reformation. Around this time, sexual acts started to be moved from civil law (largely with fines) to criminal law. For instance, in one part of Mediaeval law, the Frostathing Law, it is stated, "If a woman lies with a man whom she is not allowed to possess, she owes a fine of three marks, just as he does with whom she lies". Regulation of sexuality in the High Middle Ages was largely a function of the Church, for whom only heterosexual sexual relations within marriage were acceptable. Despite this, prostitution was not considered amongst the most serious sexual crimes, but was frequently associated with other nuisances such as gambling, drinking, and causing a disturbance.
Nineteenth century
Prostitution was criminalised in Norway with the introduction of the new Criminal Code (Norske Lov) in 1842, but was made legal again when the Penal Code (Straffeloven) was revised in 1902, when the prohibition of both the sale and purchase of sex was lifted. However, even during that time, it was actually tolerated and regulated in practice, in the larger cities such as Oslo, Bergen, and Trondheim. While prostitution was defined as an immoral vice, it was street prostitution that was especially frowned upon, being visible. It was also considered important to distinguish between "decent" and "indecent" women.Schiøtz, A. (1980). Prostitusjon og prostituerte i 1880-åras Kristiania, in A. M. Gotaas (Ed.), Det Kriminelle kjønn: om barnefødsel i dølgsmål, abort og prostitusjon (pp. 35-81). Pax, Oslo 1980 Pax. The regulation of prostitution in Europe (Regulationism) was closely tied to the concept that prostitution was a source of venereal disease, requiring medical supervision.Roger Davidson and Leslie Hall (eds), Sex, sin and suffering: venereal disease and European society since 1870, London and New York, Routledge, 2001, pp. 1-14.Mary Spongberg, Feminizing venereal disease: the body of the prostitute in nineteenth-century medical discourse, Basingstoke, Macmillan, 1997Aina Schiøtz, ‘Prostitusjon og prostituerte i 1880-åras Kristiania’, in Anne-Marit Gotaas, Brita Gulli, Kari Melby and Aina Schiøtz (eds.), Det kriminelle kjønn: om barnefødsel i dølgsmål, abort og prostitusjon, Oslo, Pax, 1980, pp. 35-39Kari Melby, "Prostitusjon og kontroll", in Anne-Marit Gotaas, Brita Gulli, Kari Melby and Aina Schiøtz (eds.), Det kriminelle kjønn: om barnefødsel i dølgsmål, abort og prostitusjon, Oslo, Pax, 1980, pp. 83-85 This form of regulation first appeared in Bergen, then the largest Norwegian municipality, in 1816, in (what is now known as) Oslo in 1840, and Trondheim in 1844. Regulation was at least on the surface contrary to the Penal Code which had made fornication and hence prostitution a criminal offence in 1842. In practice the latter law was considered only to apply to males.
The media, the church, and social commentators started to express concerns about prostitution which was labelled as The Great Social Evil. Various institutions stated a desire to rescue 'fallen women', and help them exit their trade and 're-enter society', training them for positions such as domestic servants.
In the mid-nineteenth century, there was a growth of organised society, in which religious and philanthropic organisations developed, many of which had a predominance of women members. Amongst these were "societies for the defense of moral standards", concerned inter alia with prostitution and the government's failure to deal with it.UNESCO 1989, p. 13
Brothels were eventually prohibited in Norway in 1887 as part of a pan-European moral reform campaign of Abolitionism that replaced Regulationism and was supposed to end prostitution. The change in the Penal Code in 1902 did not, however, mean that prostitution was more tolerated by society. The exchange of sex in one's own home was now legal, but loitering and procurement was not, and women seen selling sex in public were directed to "rehabilitation" programs.
Modern era A Pan-Scandinavian conference on prostitution was held in Lillehammer in 1993. Sex workers participated, and the emphasis was on harm reduction. Liv Jessen from Pro-Sentret compared this to the punitive approach of the radical "Women's Front" (Kvinnefronten), a feminist activist group.International Encyclopedia of Sexuality: Norway The debate on what to do was to continue for another 30 years. Kvinnenfronten had been founded in 1972, and was to work for a change in the law over all of that time.
Legal framework The criminal code deals with organised crime (Section 60a), third parties (tredjeparts), and procurers, such as pimps (hallik, halliker (pl.)) or madams (S 202), purchase of sexual "services" (S 202a), purchase under 18 (S 203), and human trafficking (menneskehandel) (S 224).
Norwegian General Civil Penal Code (Straffeloven)
Section 60a "If a criminal act has been committed as part of the activity of an organised criminal group, the maximum penalty laid down in the penal provision shall be increased to double its prescribed limit, but not by more than five years' imprisonment.
An organised criminal group is here defined as an organised group of three or more persons whose main purpose is to commit an act that is punishable by imprisonment for a term of not less than three years, or whose activity largely consists of committing such acts. An increase of the maximum penalty pursuant to the present provision shall be applicable in relation to statutory provisions that give legal effect to the penalty limit, unless it is otherwise provided."
Section 202 "Anyone who a) promotes the engagement of other persons in prostitution, or b) lets premises on the understanding that such premises shall be used for prostitution or is grossly negligent in this respect
shall be liable to fines or to imprisonment for a term not exceeding five years.
Any person who in a public announcement unambiguously offers, arranges or asks for prostitution shall be liable to fines or to imprisonment for a term not exceeding six months.
In this provision, prostitution means that a person engages in sexual activity or commits a sexual act with another person in return for payment."
Section 202a "Any person who a) procures sexual intercourse or any other sexual act, for himself/herself or for another person, in return for payment or agreement to provide payment, b) procures sexual intercourse or any other sexual act in return for another person paying or agreeing to pay, or c) in the manner described in a) or b) above induces someone to carry out acts that are equivalent to sexual intercourse with himself/herself
shall be liable to a fine or up to 6 months' imprisonment or both.
If the sexual intercourse or act has been particularly humiliating in its nature, but it is not punishable under any other law, the punishment is imprisonment for a term of up to 1 year."
Section 203 "Any person who, in return for payment, procures sexual intercourse or any other sexual act from a person under the age of 18, shall be liable to a fine or up to 2 years’ imprisonment. Being mistaken about someone's age does not affect criminal liability, unless diligent good faith has been shown."
Section 224 "Any person who by force, threats, abuse of another person's vulnerability or other improper conduct exploits another person for the purpose of a) prostitution or other sexual purposes, b) forced labour or forced services, including begging, c) military service in a foreign country, or d) removal of any of the said person's organs, or who induces another person to allow himself or herself to be used for such purposes, shall be guilty of human trafficking, and shall be liable to imprisonment for a term not exceeding five years.
Any person who a) makes arrangements for such exploitation or inducement as is mentioned in the first paragraph by procuring, transporting or receiving the person concerned, b) in any other way aids and abets such exploitation or inducement, or c) provides payment or any other advantage in order to obtain consent to such exploitation from any person who is in a position of authority over the aggrieved party, or who receives such payment or other advantage shall be liable to the same penalty.
Any person who commits an act referred to in the first or second paragraph against a person who is under the age of 18 shall be liable to a penalty independently of any use of force or threats, abuse of a person’s vulnerability, or other improper conduct. Being mistaken about someone’s age does not affect criminal liability, unless diligent good faith has been shown.
Gross human trafficking is punishable by imprisonment for a term not exceeding ten years. In deciding whether the offence is gross, particular importance shall be attached to whether the person exposed to the act was under the age of 18, whether gross violence or coercion was used or whether the act led to considerable gain."
Other acts The Planning and Building Act Specifies requirements for premises where commercial activities take place, used to close massage parlours occupying premises that do not meet the requirements for commercial activities.
Tax and VAT All income is taxable, including income from prostitution, but implementation varies. Some people have been made to pay tax on their estimated earnings from prostitution, while some have registered as self-employed, to benefit from the rights that taxpayers have. Most services are liable to VAT.
Welfare Prostitution is not considered legal work in Norway. Those entitled to social welfare benefits may claim economical support from NAV when not employed and indigent.
Immigration Act It is for foreigners to work as prostitutes in Norway, because prostitution is not considered legal work. Section 27 states that foreigners can be deported for breaches of the peace.
Police Act Section 7 (Public order and peace) allows the police to stop breaches of the peace or intervene when there is reason to fear such a breach.
Child Welfare Act Protects and gives rights to children under the age of 18. If a child is in the company of sex workers, this may lead to intervention under the act. All government employees have a duty to report to the child welfare authorities if they see a child who may be suffering from neglect.
Communicable Diseases Control Act Entitles residents to preventive care, diagnosis and treatment for such diseases. It does not allow collective restrictions to be imposed on sex workers.
Prostitution in Norway in the 21st century
In 2013, it was estimated there were 3,000 sex workers (prostituert, prostituerte (pl.)) working in Norway (population 5 million).Population per 1 January 2013 and population changes in 2012. Counties SSB, retrieved 14 September 2013 Earnings from sex trade are estimated at 390 million kroner (£39m., $US63m., €48m.).