SEX WORK AND THE LAW - HIV/AIDS Data Hub

including sex workers, on a voluntary basis. Informal sector workers who contribute
specified amounts to the Fund can be covered for sickness, disability, death and an old
age pension. However, few workers have opted to join the scheme.
In 2012, ILO is planning to work with sex worker organizations (Empower Foundation and
SWING) and ILO’s tripartite partners (government, employers and workers organizations)
to define options for applying the labour standards contained in the ILO Recommendation
Concerning HIV and AIDS and the World of Work, 2010 (No.200) to improve the working
conditions and sexual and reproductive health of sex workers in Thailand.
6.10 Timor Leste
Legal
SEX WORK IN
PRIVATE
Legal
SOLICITING
Illegal
BROTHELS
6.10.1 Laws
Sex work is not illegal. Criminal laws target third parties engaged in sex work. The Penal
Code 2009 provides an offence for “sexual exploitation” of a third party. Sex work is in effect
defined as exploitation. The offence states:
Article 174. Sexual exploitation of a third party
1. Any person who, with intent to derive profit or any person who makes a livelihood
from, promotes, facilitates, or by any other means, contributes toward engaging
another person in prostitution or other sexual acts, is punishable with 3 to 10
years imprisonment.
2. The perpetrator is punishable with 4 to 12 years imprisonment, if any of the
following circumstances arises:
c. Exploitation of the situation of abandonment or economic necessity of the
victim;
d. Use of violence, serious threat or coercion over the victim;
e. Displacing the victim to a country different from where the victim was born
or was resident;
f. Withholding any identification document belonging to the victim.
Trafficking is punishable with 8 to 20 years imprisonment. Consent of the victim to
trafficking is irrelevant if use of threats, force or other forms of coercion, kidnapping,
fraud, trickery, abuse of power or situation of vulnerability, or delivery or acceptance of
payments or benefits, were employed to obtain consent. (Article 163)
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