The involvement of women in sex work

Question 1

what is sex work

Answer 1

Sex work is the oldest occupations in the world for women and is defined as the voluntary exchange of sexual services for compensation such as food or money

Question 2

Background

Answer 2

Since democratization in South Africa in 1994, the possibility of changing the current sex
work legislation has been firmly on the agenda of public debate. Generally, there are two
opposing views towards sex work legislation:

1. Sex work is considered an occupation and should be decriminalized to become a
   legitimate form of income. Supporters of the decriminalization view employ arguments
   such as that sex work is the oldest trade in the world, that it is a needed evil and, that it
   will flourish regardless of criminalization.
2. Sex work is seen as fundamentally exploitative and therefore has to remain criminalized.
   Supporters of the criminalization view advance that sex work is undesirable in society,
   that men do not have a right to sex (even if they pay for it) and, that sex work degrades
   women.

The South African Law Reform Commission (SALRC) has identified the following four
legislative models as options to manage sex work

Question 3

Criminalisation model

Answer 3

A model where sex work is declared illegal and where all sex workers and clients involved are subjected to legal sanctions

Question 4

Where in the world criminalization model is used

Answer 4

Various countries including parts of USA , Asia and African countries

Question 5

Arguments for and against the model

Answer 5

SUPPORTERS
Criminalization will ensure health and safety from exploitation.
Deterrence through the CJS to protect public morals and the degradation of women

CRITICS
Forces underground sex work which makes it dangerous for women facing violence and exploitation without legal protection
This can lead to the marginalization and stigmatization of sex workers, making them more vulnerable to harm and violence

Question 6

Partial criminalisation model

Answer 6

A model that criminalizes some aspects of sex work while decriminalizing others
For example, Sweden’s decriminalization of sex workers and criminalization of clients and third parties to try and reduce the demand for sex work

Question 7

Where in the world its implemented

Answer 7

Sweden and United Kingdom

Question 8

Arguments for and against

Answer 8

SUPPORTERS
Can reduce demand for sex work by criminalizing clients and therefore reducing violence towards sex works through their ability for sex workers to report and violence and exploitation against clients or third parties

CRITICS
It may lead to an increased risk for sex workers as there will be an increase in secrecy which will be prompted by clients’ fear of getting caught, and therefore the sex work will have to take place in isolated unsafe areas far away from police officials which may lead to potential violence

Question 9

Legalization/ Regulation model

Answer 9

model that recognises sex work as a legal occupation
where regulatory measures include health checks, legislation, licencing brothels, and designated areas for sex work

Question 10

Where in the world Regulation model is implemented

Answer 10

European countries including Netherland and Germany

Question 11

Arguments for and against Legalization model

Answer 11

SUPPORTERS
Ensures safety and health
Reduces criminal activity
Enables opportunity for control

CRITICS
Concerns about the potential normalization of the commodity of sex work
Potential exploitation of sex work

Question 12

Decriminalization model

Answer 12

a model where all laws that criminalize sex work are removed
Therefore entails the legalization of all role players in the sex industry

Question 13

Advocated and opponents of decriminalization model

Answer 13

ADVOCATES
Ensures rights and safety of sex workers
provides access to healthcare and legal recourse
Reduces violence and exploitation (because of this ability to have access to legal recourse )

OPPONENTS
Leads to increase in demand for sex work ad related issues
debatable

Question 14

The South African Context (Position ito sex work)

Answer 14

Currently criminalizes sex work
under Sexual Offences Act 23 of 1957 and Sexual Offences and Related Matters Amendment Act 32 of 2007
Making the buying and selling of sexual services illegal
Despite the implementation of criminalization model, there are approximately 153000 sex workers in SA who are mostly women

Question 15

Factors driving women into sex work

Answer 15

Economic gain in the commercial industry+ Unemployment rates in SA +Poverty=Sex work as a viable alternative to women in SA with limited skills

Question 16

Sex work as a gendered survival strategy

Answer 16

there are more men who are employed than women in SA
Options available to women are limited
The average income of sex workers has proven to be double that of an average wage earner
which is useful for them in beating poverty, unemployment and family responsibilities

Criminalization is therefore an unfair response to their livelihood
as it denies them access to protection (cant use legal recourse)
exposes them to abuse (exploitation by clients or third parties)
degradation of human rights violations (marginalization and stigmatization)

Question 17

Link between sex work and drugs

Answer 17

Studies from CPT, Durban and PTA have shown that sex workers are more likely to use drugs than the general population
But only a small number of them use injecting drugs

They are often paid by their clients to smoke with them
Feel pressure to use drugs at work for confidence

The risk is that it renders both the sex workers and clients less cautious as it exposes the sex worker to STDS and violence

Question 18

Way forward in SA

Answer 18

A compelling case can be made for the decriminalization model
Observation in countries like New Zealand and parts of Australia can address many pressing issues

1. Protection of rights and safety
2. Improved police+sex worker relation (police officers inherit position of protector than of persecutor)
3. Reduction of violence and abuse
4. Access to Health Services
   No existence of increased trafficking or underage involvement