The Supreme Court considered it important to clarify what prostitution means. Prostitution is only paid sexual intercourse, not other sexual activities.
In the court case, the owner of a strip club and his employees were accused of pandering. According to the accusation, the club's dancers offered paid striptease and massage to clients, which could lead to sexual arousal. However, sexual intercourse did not occur.
The district and circuit courts found that the club owner and employees were engaged in pandering. However, the Supreme Court ruled that they were not guilty. Pandering is a punishable act in Estonia. It includes organizing or facilitating prostitution.
The prosecutor's office believed that prostitution could include other sexual activities. But the Supreme Court said that prostitution is only paid sexual intercourse. Sexual crimes, such as violence, are not included in the definition of prostitution.
The Supreme Court emphasized that the concept of prostitution cannot be expanded. It should remain only in the meaning of paid sexual intercourse. Sexual violence or coercion are separate crimes and must be punished under other laws.
In summary, the Supreme Court clarified that prostitution means only paid sexual intercourse. Other sexual activities do not fall under this concept.