Hostess Club Owner or Manager: Criminal Liability in Spain and Defence
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listIn this article
lightbulbKey Takeaways
- check_circleRunning a hostess club is not, in itself, a crime
- check_circleVoluntary adult prostitution is not criminalised in Spain
- check_circleThe offence arises with exploitation (Art. 187) or trafficking (177 bis)
- check_circleKey: the concept of 'exploitation' and voluntariness
- check_circleMerely leasing premises for prostitution was removed from the Code
Quick answer
Running a hostess club is not, in itself, a crime: in Spain voluntary prostitution between adults is not criminalised. The owner or manager incurs criminal liability where there is exploitation: profiting from another person's prostitution, even with their consent, in conditions the law regards as exploitative (Art. 187 CP, 2 to 4 years); compelling someone to engage in prostitution through violence, intimidation, deceit or abuse of vulnerability (Art. 187.1 CP, 2 to 5 years); or human trafficking for sexual exploitation (Art. 177 bis CP, 5 to 8 years). The defence focuses on distinguishing lawful activity from exploitation.
The operation of hostess venues —clubs, whiskey bars, drinks venues with company— sits on a delicate criminal-law boundary that should be defined with precision. As criminal-defence lawyers specialising in prostitution-related offences, we explain when the owner or manager of a hostess club incurs criminal liability and how the defence is built.
Is owning a hostess club a crime?
The starting answer is no. In Spain, prostitution freely engaged in by adults is not a crime, and neither is alterne in the strict sense (keeping clients company and encouraging consumption). The hospitality activity of a drinks venue with company is, in itself, lawful. The owner's criminal risk does not arise from the activity, but from certain circumstances of exploitation or coercion occurring within it.
When it is a crime
- Profiting from another's prostitution (Art. 187 CP): a person who profits from another's prostitution, even with their consent, commits an offence where there is exploitation. The law finds exploitation, among other cases, where a situation of vulnerability is taken advantage of or onerous, disproportionate or abusive conditions are imposed. Penalty: 2 to 4 years.
- Coercive determination (Art. 187.1 CP): compelling an adult to engage in or remain in prostitution through violence, intimidation or deceit, or by abusing superiority, need or vulnerability. Penalty: 2 to 5 years.
- Human trafficking (Art. 177 bis CP): the recruitment, transfer or harbouring of people for sexual exploitation through violence, intimidation, deceit or abuse of vulnerability. Penalty: 5 to 8 years. It is the most serious figure and must be distinguished with care.
- Minors or persons with a disability (Art. 188 CP): inducing, promoting, favouring or facilitating their prostitution, or profiting from it, with aggravated penalties.
The key: the concept of exploitation
The element that separates lawful activity from the offence is exploitation. Merely leasing premises, or the existence of voluntary prostitution carried out there by third parties, does not automatically make the owner the author of an offence. The prosecution must establish that the owner profited from that prostitution in exploitative conditions —vulnerability taken advantage of, abusive conditions, control over the people or their earnings— or exercised coercion. The former offence of simply leasing premises for prostitution was removed from the Criminal Code: today that additional element of exploitation or coercion is required.
Lines of defence
- Voluntariness: establishing that the people engaged in prostitution freely, without coercion or deceit, which excludes the coercion and trafficking offences.
- Absence of exploitation: showing that the exploitative conditions of Art. 187 CP were not present (no vulnerability taken advantage of and no onerous, disproportionate or abusive conditions), and that the owner did not control the people or their earnings.
- Lawful activity and employment relationship: documenting the hospitality activity and, where applicable, the employment relationship of alterne (contracts, social-security registration, accounting), separating it from prostitution engaged in independently.
- Distinction from trafficking: contesting, with evidence, the classification as trafficking (Art. 177 bis CP) where its elements (commission by certain means and exploitation purpose) are absent.
- Validity of the evidence: examining the lawfulness of the search and of the interventions, the chain of custody and respect for fundamental rights in obtaining the evidence.
What to do in an inspection or investigation
Do not testify without a lawyer and exercise your right to remain silent (Art. 118 LECrim) until you know the proceedings. Keep the employment, contractual and accounting records of the venue. Early intervention by the lawyer makes it possible to define the exact characterisation of the facts, challenge the evidence where appropriate and build the strategy.
Defence with Alonso Sala
At Alonso Sala, a criminal-defence firm in Madrid (C/ Velázquez 27) with coverage throughout Spain, we take on the defence in prostitution and sexual-exploitation offences, rigorously distinguishing lawful activity from the conduct the law punishes. Read more on our prostitution and sexual exploitation page.
Frequently asked questions
Is owning or running a hostess club a crime?expand_more
Not in itself. Prostitution freely engaged in by adults is not a crime in Spain, and neither is 'alterne' (keeping company and encouraging consumption). The owner only incurs criminal liability where there is exploitation within the meaning of Art. 187 CP, coercion to engage in prostitution, or human trafficking (Art. 177 bis CP).
When does the owner become criminally liable?expand_more
When they profit from another's prostitution in exploitative conditions —which the law finds, among other cases, where a situation of vulnerability is taken advantage of or onerous, disproportionate or abusive conditions are imposed (Art. 187 CP)—, when they compel someone to engage in prostitution through violence, intimidation or deceit, or where there is trafficking (Art. 177 bis CP). Merely leasing the premises, without those circumstances, is not enough.
What penalties apply?expand_more
Profiting from another person's prostitution, even with their consent, in exploitative conditions: 2 to 4 years (Art. 187 CP). Compelling an adult to engage in or remain in prostitution through violence, intimidation, deceit or abuse of vulnerability: 2 to 5 years. Trafficking for sexual exploitation (Art. 177 bis CP): 5 to 8 years. Where minors are involved, Art. 188 CP, with higher penalties.
Can hostesses be employees?expand_more
Alterne (encouraging consumption, keeping clients company) can be structured as an employment relationship, and the social courts have accepted this. The criminal boundary arises where the owner profits from prostitution carried out on the premises in exploitative conditions or exercises coercive control over the people. Establishing voluntariness and the absence of exploitation is central.
I'm under investigation after an inspection or search of the premises, what should I do?expand_more
Do not testify without a lawyer and exercise your right to remain silent (Art. 118 LECrim). Keep the employment, contractual and accounting records that prove the lawful activity and the voluntariness of the people. The validity of the search and of the evidence obtained (judicial authorisation, chain of custody) is one of the first matters to examine.
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