This article addresses one of the most legally and socially complex issues in Polish law: the boundary between legal services (such as massage, therapy, wellness) and activities that fall under Art. 204 of the Criminal Code (offenses related to the exploitation of prostitution).
The legal chaos
The fundamental problem is that Polish law does not define “sexual services” or “prostitution.” The Criminal Code penalizes facilitating, profiting from, or inducing prostitution (Art. 204), but does not define what prostitution actually is. This creates enormous uncertainty for both service providers and law enforcement.
The tantric massage question
Tantric massage is a practice that may include elements of physical intimacy. The question of whether it constitutes “prostitution” within the meaning of Art. 204 illustrates the absurdity of the current regulatory approach. Without a clear legal definition, the answer depends entirely on the subjective assessment of the prosecutor and judge, leading to inconsistent and arbitrary outcomes.
International comparison
Germany has comprehensively regulated sexual services through the Prostitution Protection Act (Prostituiertenschutzgesetz), providing a clear legal framework that protects both service providers and clients. The Netherlands, New Zealand, and other countries have similarly developed regulatory frameworks. Poland, by contrast, maintains a deliberate legal vacuum that serves no one.
The consequences of non-regulation
- Persons providing sexual services have no legal protection
- They cannot register a business, pay taxes, or access social insurance
- They are vulnerable to exploitation and violence
- Law enforcement applies provisions inconsistently and arbitrarily
- The gray economy flourishes
My position
I have filed a legislative petition calling for comprehensive regulation of this area. The goal is not to promote any particular activity but to ensure legal clarity, protection of vulnerable persons, and consistent application of the law. The current approach – pretending the issue does not exist while selectively punishing those involved – is hypocritical and harmful.
Paweł Osiński
Attorney