Protect sex workers and decriminilise
According to the Sex Workers Education and Advocacy Taskforce (SWEAT), there are more than 182 000 men and women who make a living from sex work in the country.
Sex work is a profession that has existed since time immemorial, including Biblical times. The Sexual Offences Act 23 of 1957, in section 10, prohibits the buying or selling of sex – making prostitution illegal in South Africa. According to the Sex Workers Education and Advocacy Taskforce (SWEAT), there are more than 182 000 men and women who make a living from sex work in the country.
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Sex work refers to voluntary sexual transactions between consenting adults and can take the form of phone sex, street prostitution and pornography – among others. By virtue of this definition – sex trafficking, child prostitution and forced prostitution are not sex work and should remain illegal.
As it stands, sex workers are exposed to a gross violation of their human rights including being unable to access justice, a right granted by section 34 of the Constitution. According to SWEAT, in 2015 a third of sex workers in Hillbrow reported that they were raped, in addition to harassment and bribe solicitation by police officers. As a result of the nature of their work, they are unable to report the crimes and get help and protection from law enforcement.
When interviewed by SABC, an anonymous sex worker said: “If they want us to stop what we are doing, then they must create jobs for us (sic)”. This highlights the plight of many sex workers who go into it as a result of poverty and unemployment. This very fact makes it difficult for sex workers to negotiate the use of protection with clients, adding to the spread of HIV. Decriminalisation would make it easier for sex workers to reject unprotected sex and should the client get violent, receive help from the police.
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Decriminalisation of sex work is not done to promote sex work, but to protect the people who find themselves in that position. It will help educate sex workers on their rights and make it easier for them to access healthcare without the fear of judgement. More importantly, it will start the conversation that will remove the stigma around sex work and the taboo surrounding sex because it is in silence and stigma that sexually transmitted infections and sexual violence thrive.
While sex work contrary to the morals of many – much like drinking and smoking – it is not an excuse to expose sex workers to rape, violence and infection.
