Abstract
This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship between public opinion and the law. Whilst engaging in prostitution constitutes a criminal offense under the Sexual Offenses Act 23 of 1957, it is generally ignored by the police, which results in a quasi-legalized reality on the ground. In recent years there has been growing demand for the decriminalization of prostitution, and as a result the issue is currently under consideration by the South African Law Reform Commission. The Commission released a Discussion Paper on Adult Prostitution in May 2009, and is expected to make recommendations to parliament for legal reform in this area. An exploratory survey of 512 South Africans revealed interesting correlations between opinion on prostitution and both demographic characteristics (including gender, age, race and education level) and so-called 'social' characteristics (including religiosity, belief in the importance of gender equality, the acceptance of rape myths, and a belief that prostitutes have no other options). The survey reveals two key findings in respect of the attitudes of South Africans to prostitution. Firstly, an overwhelming majority of South Africans - from all walks of life - remain strongly morally opposed to prostitution, and would not support legal reforms aimed at decriminalizing or legalizing prostitution. Secondly, our data confirm that these views are strongly influenced by certain demographic and 'social' variables. In particular, race, gender, religiosity, cohabitation status, and socio-economic status were found to be religiosity, cohabitation status, and socio-economic status were found to be statistically significantly related to opinions on prostitution, while other variables - particularly the belief in the importance of gender equality and the level of education - had no statistically significant relationship with tolerance of prostitution. Given that the proposed legal reforms, which will shortly be tabled before parliament, will necessitate the consideration of public opinion, it is imperative that studies such as the one presented in this paper be conducted to gauge the likely response which such proposed reforms might face.
Highlights
The importance of understanding public opinion and the terminology used in the prostitution debateSouth Africa provides a fascinating setting in which to study attitudes towards prostitution
South Africa's enormous socio-economic challenges mean that often sexual services are rendered by young women to older "sugar daddies" for financial or non-financial rewards, food, clothes, gifts, accommodation, jobs and influence. These young women do not identify themselves as prostitutes,[14] which we suggest indicates that the Act's broad definition is unworkable in the South African context
Almost 90% of the respondents claim to have started or completed higher education (Table 1). This is inconsistent with South Africa census data - despite the question on education being phrased in the same way as those asked in the national census (i.e. "What is the highest level of education you have completed?")
Summary
The importance of understanding public opinion and the terminology used in the prostitution debate. South Africa provides a fascinating setting in which to study attitudes towards prostitution. It has one of the highest crime rates in the world ( violent crime),[1] and one of the highest HIV/AIDS rates2 - two 'evils' which frequently plague the prostitution industry. Public opinion on prostitution has received scant attention from academics and researchers, despite the pressing need for empirical research into these opinions, to inform and make relevant the current debates. This paper aims to begin to fill this gap in the empirical research by examining the attitudes of a snow-balled sample of the general public towards prostitution as a social phenomenon, and the regulation of prostitution as a legal phenomenon. It is an attempt to understand what the man on the Clapham omnibus (or in South Africa, perhaps the woman on the Soweto minibus) thinks about prostitution, and what factors might inform their opinions
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