The Continued Criminality of Selling Sex: A Trajectory of South African Sex Work Law Reform

Amanda Spies

doi:10.1017/s0021855321000280

Abstract

AbstractThis article explores the regulation of sex work in South Africa and follows the trajectory of the South African Law Reform Commission (SALRC) in investigating whether sex work should be decriminalized. The legal regulation of sex work is a hotly contested topic. South Africa currently criminalizes the selling and buying of sex, but policy reform has been on the cards since the SALRC launched its project on the topic in the early 2000s. As most sex work policy responses are grounded in feminist theory, the article analyses the main theoretical ideologies and questions the influence of these ideologies in structuring sex work law reform in the South African context. The author calls for a more inclusive understanding of feminism and sex work, and the need to acknowledge the importance of rights discourse in furthering political growth and protecting sex workers’ constitutional rights.

Highlights

The decriminalization of sex work has been a contested and controversial topic on the South African legal reform agenda, as it has been on many agendas worldwide.[1]
This article explores the regulation of sex work in South Africa and follows the trajectory of the South African Law Reform Commission (SALRC) in investigating whether sex work should be decriminalized
As most sex work policy responses are grounded in feminist theory, the article analyses the main theoretical ideologies and questions the influence of these ideologies in structuring sex work law reform in the South African context

Summary

INTRODUCTION

The decriminalization of sex work has been a contested and controversial topic on the South African legal reform agenda, as it has been on many agendas worldwide.[1]. This would include, for example, the licensing of brothels and specific zones where sex can be sold, with the Netherlands as a popular example.[6] The second policy approach is decriminalization, in which all laws prohibiting and regulating sex work are removed and with little interference from government, such as in New Zealand.[7] Third, is partial criminalization, in which only the client is held criminally liable, with Sweden as an example, and lastly, total criminalization, in which both the sex worker and client are held criminally liable, with South Africa and most of the states in the United States as examples.[8] This difference in policy approach is inextricably linked to different feminist ideology on the topic, illustrating how feminist debate can influence political and legislative responses. The author calls for a more inclusive understanding of feminism, rather than a reliance on traditional theoretical preconceptions, including the need to acknowledge the importance of rights discourse in furthering political growth and protecting vulnerable groups.[15]

10 J Freeman “The feminist debate over prostitution reform

54 GM Abel “A decade of decriminalisation

CONCLUDING REMARKS