The structure of the article is the following: the first part of the article will state the main tenets of the argument for the criminalisation of clients and suggest some counterarguments, particularly focusing on deconstructing the harm-claim, i.e. the claim that prostitution equals harm or that prostitution per se is violence. Is there any inherent harm-to-others in prostitution and, if yes, what sort of harm would it be? The second part will look more closely at the criminalisation as a tool for regulation of social reality,
expounding the characteristics and pitfalls of this technique of social regulation. In the third part, some additional criminology-based arguments against the proposed criminalisation will be explored, followed by a concluding thought on criminalisation and the role of criminal law in solving such societal “problems”.
Throughout the chapter, the term “prostitution” will be used to refer exclusively to the voluntary or consensual prostitution. Any type of forced prostitution falls neatly under the Palermo Protocol’s definition of trafficking in human beings, which is why the term trafficking in human beings is preferred when referring to forced prostitution, as it is a justifiably stronger term and emphasises the exploitation dimension of the crime. The term prostitution (without any adjective) shall, on the other hand, refer to voluntary prostitution alone; voluntariness defined as the law generally defines it, i.e. as the absence of force or threat.