Condom requirement

Advice centres

What does condom requirement mean?

  • The new law introduced a condom requirement.

  • The condom requirement means that a condom must be used for anal, oral and vaginal sex.

  • You are just as responsible as your clients for ensuring that condoms are used.

  • Advertising sex without a condom, whether directly or indirectly, is also prohibited.

    It may also no longer be advertised with the typical abbreviations or designations used in Germany, such as “AO”, “FO”, “naturgeil”, or “tabulos”.

  • Operators must actively inform about the requirement to wear condoms. They must put up a clearly visible notice referring to the obligation to use condoms.

What’s all this about?

  • Some people don’t like the new condom requirement. That’s why we’ve provided a brief explanation about what the legislator is aiming at here:

  • The main purpose of the law is to ensure that sexually transmitted infections (STIs) are not spread and everyone stays healthy. Condoms not only protect against unwanted pregnancies, but also against sexually transmitted infections (STIs), such as gonorrhoea, syphilis and others.

  • It should be a matter of course to use condoms.

  • The legislator also wants to ensure that you don’t need to argue about this with your clients. You can point out that it is now a legal obligation to which everyone must adhere.

  • The condom requirement is intended to make it easier for you to assert yourself and insist on the use of condoms. Because your health always comes first!

What does this mean for me?

  • Always work with condoms. This also ensures your own safety, because not only do condoms protect against pregnancy but they also protect against sexually transmitted infections (STIs).

  • Use a new condom for every new sexual practice.

  • Some say that it won’t be possible to ensure that people comply with the condom requirement anyway. But act in your own best interests. The condom requirement is for your protection.

  • If someone asks you to have sex without a condom, regardless of who they are, refuse to do so!

Do I have to get the condoms myself and pay for them?

  • Yes. The law does not make any provision for covering the costs of condoms.

  • Operators may provide condoms, but they can charge money for them.

  • Some local health authorities and advice centres offer free condoms. Ask the team at cara*SH. We know where you can get some.

Do the operators have anything to do with the obligation to wear condoms?

  • Yes. Operators must indicate compliance with the condom requirement by means of a clearly visible notice board at the very least.

  • They can also promote the use of condoms by, e.g. providing condoms.

What do I do if clients ask me to have sex without a condom?

  • Make your clients aware that sex for money is not permitted without a condom. Even if it is “only” oral sex.

    Also point out that violating this requirement can be very expensive for them.

  • Remember, you can always say NO! You can refuse to take on a client!

What could happen if the obligation to wear condoms is not observed?

  • You and your clients might fall ill.

  • There may be an unwanted pregnancy.

  • Fines or other penalties may be imposed.

Who is liable to pay a fine if no condoms are used?

  • Only your clients, and up to EUR 50,000 (see section 33 para. 3.)

  • If your client is injured or infected, this may constitute an assault that can be prosecuted as a criminal offence.

  • You should therefore always ensure compliance with the condom requirement.

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cara*SH Fachberatungsstelle für Prostituierte in Schleswig-Holstein

Christianstr. 6
24534 Neumünster