Profiting from sexual violence in armed conflict: a case for the resurrection of the crime of enforced prostitution

Abstract

This article challenges the notion that the crime of enforced prostitution is subsumed by the newer characterisation of sexual slavery. Based on a fresh analysis of the historical jurisprudence, the authors argue that the blameworthy conduct at the core of enforced prostitution distinguishes the crime from sexual slavery because it focuses on the fact that the perpetrator seeks to profit from the coerced sexual acts to which the victims are subjected. Having regard to the context of modern atrocities, this article argues that enforced prostitution is closely tied to organised crime and human trafficking and therefore should be resurrected in such contexts as an appropriate category to target the profiteers of sexual violence who do more than enslave their victims by effectively systematising rape for profit. Rather than being viewed as an outdated offence, enforced prostitution should therefore be more actively considered by prosecutors as a primary or alternative charge in accordance with international principles on cumulative charges and convictions.

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ORCID for Nina H.B. Jørgensen: orcid.org/0000-0003-3499-8289

ORCID for Regina Rauxloh: orcid.org/0000-0003-2711-1424

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