What is Sex Work? 

Sex work is the consensual exchange of erotic or sexual services between adults for money. Consensual means that the person is exchanging these goods willingly, without force or manipulation. And while sex workers are often marginalised and discriminated against in their communities, studies show that there are at least 2.5 million female sex workers in sub-Saharan Africa alone. This figure excluded transgender, male and gender-nonconforming people, but it is still a helpful number to put the industry’s size into perspective. 

Sex work has a long and troubled history. In the past, it has been referred to as ‘prostitution’, but today many people in the industry have voiced their preference for the term ‘sex worker’ because it has fewer connotations of immorality and criminality. But unfortunately, there are still many legal and social barriers that prevent sex workers from performing their jobs with ease. Stigma, police harassment and abuse still punctuate the lives of many sex workers today. This article will address some of these legal and social barriers and explain how the decriminalisation of sex work is helping to keep sex workers safe.

Why Do People Perform Sex Work?

People choose to engage in sex work for several reasons. It does not require educational qualifications, it can be done during flexible working hours, and it does not require much investment or capital to start conducting business. Many people also consider it to be an empowering job that allows them to express themselves and their sexuality freely. For those struggling to access work in the ‘formal’ sector, sex work provides a relatively convenient stream of income and a source of livelihood, especially in countries like South Africa, where unemployment, inequality and poverty make it difficult for people to access work in the ‘formal’ economy. 

How are Sex Workers Treated in South Africa?

Until recently, South Africa has had policies and laws that prevent the protection of sex workers. The ​​Criminal Law (Sexual Offences and Related Matters) (Act No. 32 of 2007) recognised sex workers as criminals and permitted the police to fine and arrest them. There are also municipal by-laws where certain municipalities can arrest sex workers for “nuisance” or “loitering”, allowing the legal removal and prosecution of sex workers for simply being present on the street. Yet, in reality, these laws did not do anything to prevent sex work from happening. Rather ironically, the laws just created a larger black market where sex work happened under problematic conditions. Since no protection was offered to sex workers by the legal system, many face shocking abuse, harassment and gender-based violence in the workspace. Because of the laws in place, these issues often went unreported. Similarly, sexual health services have become far less accessible, leading to increased rates of sexual health issues such as the transmission of HIV/Aids and other sexually transmitted diseases. 

What Can Decriminalisation Do To Improve Conditions for Sex Workers? 

Although these potential dangers are very real now, this does not have to be the environment for sex workers in South Africa. With the right protection in place, sex workers could become formalised workers who could access sexual health services more easily and have better protection in their work. When sex work is legalised, there is far more reason to report abuse, and fewer clients and patrons would feel free to take advantage of vulnerable workers. Similarly, deregulation would allow for the money made by sex workers to flow back into the South African economy. Ultimately, decriminalisation allows for fewer human rights violations against sex workers and also helps to minimise the prejudice against sex workers, who are, in essence, just people doing their job. 

Fortunately, The Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 is a policy change document that has adjusted the existing legal framework in South Africa. The Bill does not deregulate the sex working industry, but it does propose that sex workers are decriminalised, which means that they cannot be charged with criminal offences. This also allows sex workers to become protected by law enforcement, access basic services more easily, and hopefully will reduce gender-based violence and femicide. The bill was accepted by the National Assembly in December, to the excitement of many advocacy groups and sex workers everywhere. 

Finally, sex workers are receiving basic human rights and are no longer legally treated as criminals. However, it is still necessary for civil society members, including yourself, to remain aware of how sex workers are treated throughout South Africa. The Bill has introduced major progression in our society, but more can still be done to protect sex workers from stigma, harm and lack of access to healthcare. If you’re interested in following these issues and firmly believe in empowering marginalised groups, then you can follow SWEAT and Sonke Gender Justice to keep an eye on the socio-political landscape. Your support for sex workers can go a long way in protecting them in the face of the law, and your voice will be necessary if further changes are to be made to Criminal Law in the future. 

Tell us: How can we stop the stigma against sex workers? 

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