Excluding Online Sex Work in a Neo-Abolitionist State. Prostitution According to the French Cour de Cassation

Abstract

Within a neo-abolitionist framework, the state seeks to eliminate prostitution through the broad criminalisation of all involved parties, including traffickers, pimps, clients, and, indirectly, sex workers themselves. However, in France, the category of sex workers extends beyond just prostitutes. This article examines a 2022 decision by the French High Court that introduces a narrow definition of prostitution, explicitly excluding webcamming. This definition is crucial for delineating the scope of neo-abolitionist measures. While some scholars have criticised the decision on moral grounds or for creating inconsistencies within criminal law, a broader critical perspective suggests that it allows certain sex workers to navigate around an ineffective model. 

Keywords: online sex work, webcamming, prostitution, France, neo-abolitionism.