WELL INTENTIONED BUT MISGUIDED? Criminalising sex workers’ clients

Nicole Fick

doi:10.17159/2413-3108/2007/v0i22a963

Abstract

The Portfolio Committee on Justice and Constitutional Development has inserted a new clause in the Sexual Offences Bill that will criminalise the clients of sex workers, with the specific intent to protect women and children from exploitation. In reality it has the potential to cause real harm to the women it aims to protect. Although it is possible that the Committee hoped to level the playing field ‘so that women who sell sex are not the only ones guilty of an offence, but also the men who purchase it’ (Gould 2006), sex workers will be most affected because they will now have to protect the clients who are their only source of income.

Highlights

For almost two years, there was very little work done on the Bill, and when it emerged again in 2006, it was with substantial changes
The clause criminalising the clients of sex workers was not subject to public participation as was the rest of the Bill (Strachan 2006)
Sex workers who are most affected by the new clause had very little opportunity to have their opinions heard on the matter

Summary

Introduction

For almost two years, there was very little work done on the Bill, and when it emerged again in 2006, it was with substantial changes. The clause criminalising the clients of sex workers was not subject to public participation as was the rest of the Bill (Strachan 2006). Inclusion of the provision that criminalises clients of sex workers is not in agreement with the stated aim of the Bill, which is to provide victims of sexual offences with the maximum protection of the law.

Results

Conclusion