Page 390 - Revista Del Foro 106 2019

Revista del Foro 106

se siente como tal; se pretende legitimar la intervención punitiva del Estado, mediante la

incriminación de conductas conexas que si bien son censurables por la sociedad y la moral
pública no vulneran ningún bien tutelado cuando es consentido. Criminalizar el entorno del
trabajo sexual, aun cuando medie el consentimiento de la presunta agraviada, en lugar de
proteger la tutela de libertad de la trabajadora sexual, más bien la recorta sus Derechos

Fundamentales.
Palabras Clave: Trabajo Sexual, Trabajadora Sexual.

ABSTRACT

In Peru, sex work performed by a person of legal age and with their consent is a legal activity,
but not recognized as a work subject to rights and rather is an activity stigmatized by criminal

law, constituting the central element of the environment criminal offenses related to it,
included in Title IV. Crimes Against Freedom. Chapter X - Proxenetism of the Criminal
Code, in some cases violating its most basic Human Rights: Respect for their dignity,

freedom, equality before the law, honor and good reputation, to work freely subject to the
law. The present is an Essay of the author who collects and transmits in this way his
experiences as an Officer of the National Police of Peru, later as a member of the Public
Prosecutor's Office and currently as a litigator, I will try as far as possible to avoid using the
term prostitution for the sex work.

We recall that under the force of Law N ° 4891 - "Law of Vagrancy" in force during the period
1924 -1986, when women who had the status of sex workers, they refused to register in the

registers of the case and omitted to comply with the prescriptions of the police regulations,
were stigmatized and qualified as "vague" disqualified for full social acceptance and
therefore criminalized, persecuted, detained and entitled to custodial sentences not less than
one year nor more than five years; They were confined in the jails of the police stations and
reported to the authorities with the corresponding "Vagueness Code".

Repealed the Law of Vagrancy, sex work, understood as the sexual service usually provided
by a woman in exchange for an economic consideration, is still criminalized and associated

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