Sex Laws In Belarus: What's Allowed?

Belarus has strict rules and laws surrounding sex and sexual activities. Pornography is illegal in Belarus, with penalties including community service, fines, corrective labour and even arrest. Prostitution is also illegal and is punishable by up to 10 years in prison. Same-sex relationships are technically legal but are not widely accepted, and the country has prepared a draft law banning 'LGBTQ+ propaganda'. Sex trafficking is a problem in the country, with Belarus acting as a source, transit and destination country for women and children subjected to sex trafficking.

Pornography is illegal

While simple possession of child pornography is legal, the production and distribution of pornographic materials depicting minors are illegal and carry a heavier penalty of up to 13 years in prison. The Belarusian government has taken a hard stance against pornography, with authorities cracking down on producers and distributors since 2012. This has resulted in reported cases, arrests, and efforts to combat the distribution of youth pornography.

The law regarding pornography in Belarus is strict and far-reaching. It includes storing pornographic materials with the intention of distributing or advertising them, as well as distributing and advertising such materials using public telecommunications networks. The consequences of violating these laws can be severe, including community service, fines, corrective labor, or even arrest.

Despite the law, pornography producers in Belarus have operated both inside and outside the country. The industry has become more popular in recent years, and producers have found ways to make profits. However, the enforcement of pornography laws in Belarus can be unpredictable, and there have been reports of violent police raids and arrests.

It is important to note that while the production and distribution of pornography are illegal in Belarus, the consumption of pornography is not explicitly prohibited. However, individuals can still face legal consequences for watching or possessing pornography if it falls under the category of "storing with the intention of distributing or advertising."

Same-sex relationships are legal but not widely accepted

Same-sex relationships are legal in Belarus, but they are not widely accepted. In February 2024, the country prepared a draft law 'banning LGBT propaganda', which is currently awaiting approval and official confirmation. This indicates that the Belarusian government intends to further restrict the rights and freedoms of the LGBTQIA+ community.

Instances of violence and harassment by security forces against LGBTQIA+ individuals have been reported. For example, some LGBTQIA+ individuals have stated that they were mocked, harassed, and threatened with sexual abuse during interrogations and arrests. They were also specifically targeted for abuses, such as being forced to confess to crimes and state their sexual orientation on camera, with the footage later being posted online.

LGBTQIA+ activists have also been targeted for raids, arrests, and harassment by the authorities. Police have arbitrarily raided LGBTQIA+ bars, clubs, and meeting places, detaining individuals to check their phones and possessions. Several clubs were forced to close down following these raids.

The Belarusian government has also attempted to coerce political prisoners into signing pardons that include admissions of guilt and payments to the state as "compensation" for their "offenses". Authorities have filmed and publicly shown these "confessions", with the defendants displaying physical signs of having been subjected to severe abuse.

Furthermore, LGBTQIA+ individuals face discrimination and stigmatization in Belarusian society, with the explicit or tacit support of the government. The government has failed to recognize hate crimes and investigate acts of violence and abuse against the community.

Overall, while same-sex relationships are legal in Belarus, they are not widely accepted, and the LGBTQIA+ community faces significant challenges, including violence, harassment, and discrimination from both the authorities and society.

Prostitution is illegal

In 2016, UNAIDS estimated there were 22,000 sex workers in Belarus. Official data for Vitebsk, Minsk, Grodno and Mogilev provinces in 1889 showed there were 50 brothels with 326 prostitutes working in them. The 1897 Russian census of the five Belarus provinces recorded 479 prostitutes.

According to the Ministry of Internal Affairs' official 2010 figures, there were 1,930 women involved in prostitution in Belarus, roughly 637 of whom were in Minsk. 780 people were prosecuted for prostitution in 2010.

Belarus is a source, transit, and destination country for women and children subjected to sex trafficking. Belarusian victims are primarily subjected to trafficking in Russia and Belarus, as well as in Poland, Turkey, and other countries in Eurasia and the Middle East. The government has identified Belarusian, Moldovan, Russian, Ukrainian, and Vietnamese victims exploited in Belarus.

Article 181 of the criminal code prohibits both sex and labour trafficking and prescribes penalties ranging from five to 15 years' imprisonment in addition to the forfeiture of offenders' assets. The government reported one sex trafficking investigation in 2016 under article 181, compared with one in 2015, one in 2014, and six in 2013.

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Belarus as a 'Tier 3' country.

Sex trafficking is a problem

Belarusian women travelling for foreign employment in the adult entertainment and hotel industries are also subjected to sex trafficking. The government has identified Belarusian, Moldovan, Russian, Ukrainian, and Vietnamese victims exploited in the country.

The United States Department of State's 2020 Trafficking in Persons report recorded 128 confirmed trafficking victims and nine potential victims in Belarus. Of the 128 confirmed victims, 125 were exploited in sex trafficking, including 30 children. The report also noted that the Belarusian government did not fully meet the minimum standards for the elimination of trafficking due to a government policy or pattern of government-sponsored forced labor in public works projects and the agricultural sector.

The report made several prioritized recommendations for the Belarusian government, including:

• Reforming government policies to end all forms of state-sponsored forced labor that result in the subjugation of civil servants, students, and citizens to forced labor.
• Amending or repealing certain penal provisions in the criminal code to clarify that no penalties involving compulsory labor may be imposed for the peaceful expression of political views.
• Increasing efforts to investigate and prosecute cases of sex trafficking and forced labor.
• Increasing resources devoted to trafficking victim assistance and protection within Belarus.
• Increasing funding for services that provide specialized support for child sex trafficking victims.
• Continuing to proactively screen all vulnerable groups, including migrants and individuals in commercial sex, for indicators of trafficking.

Belarus's Tier 3 status from the U.S. State Department indicates that it is one of the worst places for human trafficking in the world, and the country has been accused of turning human trafficking into a business by encouraging migrants from war-torn and impoverished countries to cross its borders into the EU.

LGBTQI+ persons experience discrimination and violence

LGBTQI+ persons in Belarus experience discrimination and violence. Although same-sex sexual activity is legal, gay and lesbian rights are severely limited, and homosexuality remains highly stigmatized. Households headed by same-sex couples are not eligible for the same legal protections as opposite-sex couples. Belarus has no anti-discrimination protections for LGBTQI+ people and does not prohibit hate crimes based on sexual orientation and gender identity. Many Belarusians believe that homosexuality is a psychiatric illness, and many LGBTQI+ persons hide their sexual orientation in public. Those who are openly LGBTQI+ face harassment, violence, and physical abuse.

The history of LGBTQI+ rights in Belarus is one of severe challenges and repression. While Belarus was part of the Soviet Union, homosexuality was considered illegal, and same-sex relationships between males were frequently prosecuted. In 1989, nearly 50 Belarusian citizens were fired due to their sexual orientation, and a special department was set up in the KGB to combat homosexuality. In the 1990s, LGBTQI+-focused publications and organizations faced censorship, criminal cases, and persecution.

In 1994, homosexuality was decriminalized, and the age of consent was set at 16 for both homosexual and heterosexual relationships. However, Belarus continues to lack legal protections for LGBTQI+ persons. In 2024, the Ministry of Culture expanded the definition of pornography to include "non-traditional sexual relations," encompassing homosexuality, bisexuality, and transsexuality. As a result, depictions of LGBTQI+ people and relationships can be considered pornographic and may be punishable by prison sentences.

Public officials and religious groups in Belarus have periodically advocated for introducing administrative and criminal liability for "non-traditional sexual relationship and gender change propaganda." This targeting of LGBTQI+ people has led to increased risk of police violence and threats of sexualized violence. Belarusian authorities have also used public humiliation as a shaming tool against critics who are perceived to be LGBTQI+ or supporters of LGBTQI+ rights.

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