Profiting from Sexual Violence in Armed Conflict

A Case for the Resurrection of the Crime of Enforced Prostitution

Bibliographic Data

ID12779257
AuthorsNina H B Jørgensen (0000-0003-3499-8289, corresponding author), Regina E Rauxloh (0000-0003-2711-1424)
Year2020
Volume19
Issue3
Pages393-423
Publication date2020-09-01
Open AccessYes
TypeARTICLE
VenueChinese Journal of International Law (JOURNAL)
Journal identifiersISSN: 1540-1650 • E-ISSN: 1746-9937
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/chinesejil/jmaa029
OpenAlexW3106694375
LanguageEN
Citations received2

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 Rather than being viewed as an outdated offence, enforced prostitution should therefore be more actively considered by prosecutors as a primary or alternative charge in accordance with international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

Armed conflict · Context (archaeology · Criminology · Jurisprudence · Political science · Sexual violence · Sociology · Historical and Contemporary Political Dynamics · International Law and Human Rights · Sex work and related issues · History · Law

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