Overview and impact of criminalization of sex work in South Africa

Abstract

This paper looks at the sex work phenomenon and points out that it is still being criminalized in South Africa as both the government and criminal justice system are reluctant to decriminalize sex work. Failure to decriminalize sex work is based on the common misconception of what may occur if sex work was to be decriminalized. It is believed that decriminalization of sex work would expand the sex industry leading to the increase of (street) prostitution and child prostitution. However, criminalizing sex work has more harmful effects as opposed to when it is regulated, one of which is the high rate of violence towards sex workers, who are mostly females. This paper looks at why the South African government, despite having a huge number of active sex workers in the country, blatantly refuses to decriminalize sex work. It is therefore apt to point out that by decriminalizing sex work, it would be easier to regulate sex work and afford sex workers their human rights when compared to the trade being illegal.