Row over sex worker report

A DECADE in the making, the South African Law Reform Commission’s report on adult prostitution has recommended retaining the status quo and keeping the “oldest profession” a criminal offence.

The report released for public comment yesterday has been slammed by sex work activists as well as some legal experts.

The “Report on Sexual Offences: Adult Prostitution” favours keeping it an offence to buy or sell sex, with sex workers being given access to support to give up the trade if they wished.

However, the report says there is another option – the partial criminalisation of adult prostitution, which would make everyone except the sex worker criminally liable.

This would mean pimps and those paying for sex would face legal consequences but prostitutes would not.

Minister of Justice and Correctional Services Michael Masutha told a media briefing yesterday the report came at a time when the country had been witnessing horrific sexual and gender-based violence and the subsequent loss of life.

Masutha said adult prostitution was an emotive and complex topic and public input was required.

“The report indicates that exploitation, particularly of women, is inherent in prostitution and depends on contingent external factors related to gender violence, inequality and poverty; and that such exploitation does not arise merely in response to the legislative framework.

“Therefore, it concludes that changing the legislative framework could create an extremely dangerous cultural shift as juxtaposed against the high rate of sexual crimes that are being committed against women and may render them even more vulnerable than at present,” he said.