The SA Law Commission has been weighing the attitude of South Africans on the issue of decriminalising prostitution, as pressure has been exerted to do so before 2010. Not even two years after Germany was announced as the host nation for the 2006 Fifa World Cup Final, prostitution was legalised in preparation for the tournament. Is South Africa in danger of following suit?
The ACDP supports the view that the entire sex industry must remain criminalised and the relatively new laws in South Africa, which target the user, including clients, pimps, procurers and traffickers, must be enforced. In addition, however, a mechanism is needed whereby prostitutes can be diverted into an exit programme to help victims of prostitution rebuild their lives. Provision for the criminal offense to be expunged on completion of the programme should be an incentive.
An overwhelming body of international evidence shows that the terrible abuse and exploitation of women and children trapped in prostitution does not decline where there is decriminalisation; in fact, the opposite is true. Countries that have experimented with decriminalising this practice have found that trafficking in women increases to meet the demand created by a legalised sex industry.
It also makes it difficult to hold traffickers and pimps accountable, as they evade prosecution by using the legality as a cover, claiming women knew what they were getting into. Public sentiment in South Africa is clearly opposed to legalising prostitution, but the multibillion dollar industry concerned is looking for friendly territory to ply their lucrative trade.