Decriminalising adult prostitution would free up millions of rands for the overburdened criminal justice system, says the Sex Workers’ Education and Advocacy Taskforce (Sweat). This money could be redirected to fight the growing sexual exploitation of children.
Changes to the 1957 Sexual Offences Act, which currently criminalises prostitution, keeping a brothel and living off the earnings of a prostitute, may be on the cards when a draft Bill is released around mid-year as part of an ongoing legislative review.
The South African Law Commission is collating public comments received since publishing its three proposed options in August 2002 — full criminalisation of adult sex work, including the punishment of clients; legalisation of adult prostitution in narrowly prescribed circumstances; and full decriminalisation.
In a related move the commission proposed that those procuring, running and making use of child prostitutes should face the full force of the law.
Sweat’s Jayne Arnott told the Cape Town Press Club this week: “The incredible amount of money and time the police and courts spend on prosecuting sex workers is ridiculous. These resources are spent on victimless crimes. If they used just a percentage of that against the sexual exploitation of children, that would be very good.”
Arnott said the police continued to arrest adult and child prostitutes indiscriminately and processed them through the criminal justice system — even though those aged under 18 were meant to be separately dealt with.
According to a submission to the law commission by Jean Redpath, of Technikon SA’s Institute for Human Rights and Criminal Studies, it costs the police close to R14-million a year to prosecute prostitutes.
Describing this figure as “very conservative”, Redpath said it represented 9% of the prosecuting authority’s R150-million budget, excluding witness protection.
She said police action against prostitutes was inconsistent. The three provinces with the largest metropolitan areas — Gauteng, KwaZulu-Natal and the Western Cape — reported large numbers of prostitution-related offences. Yet most cases were dropped after coming to court, wasting valuable court time.
Redpath claimed prostitution was more heavily policed than serious violent crime. In 2000 a greater number of cases reached court and resulted in convictions than hijackings or culpable homicides.
Ninety-one percent of the 4 390 reported prostitution offences in 2000 went to court, with convictions secured in 33%. The conviction rates for carjacking in 2000 stood at 2,3%, aggravated robbery at 2,3% and rape at 7,56%.
Sweat has called for the decriminalisation of adult prostitution, but prostitutes would still be subject to by-laws like loitering and disturbing the peace.
The lobby group defines “adult sex work” as work chosen by adults who consent to sell their bodies for money, and argues that it cannot, therefore, constitute criminal behaviour.
Sweat holds that decriminalisation must be accompanied by the setting of industry norms and standards, with labour laws ensuring safe and regulated working conditions.
The coercion of women into prostitution would still need to be addressed.
“Clearly we’re not saying it’s a free-for-all on the streets … We firmly believe in a set of local-level negotiations between sex workers and the community,” Arnott said.
Legalisation might not work, she warned. While prostitutes in red-light districts would be regulated, those outside them might be forced underground and into more dangerous conditions.
The decriminalisation of adult prostitution has been in the public eye since last year, when a Johannesburg brothel-keeper appealed to the Constitutional Court to scrap sections of the 1957 Sexual Offences Act.
Although the majority of judges ruled the sections should stand in its majority decision, the court also stipulated that the issue should be dealt with in legislation.
Since the ruling police have cracked down on prostitution, particularly street prostitutes. However, raids and arrests had recently tapered off, as they were simply not sustainable, Arnott said.
“All it does is to force prostitutes underground, and force them to work harder to pay the fines.”