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2014

CMY4803:
Assignment 1
A Critical discussion on Prostitution as a
victimless crime with in South Africa
Hannes Koekemoer

Table of Contents
Introduction ............................................................................................................................... 3
Key Concepts .............................................................................................................................. 4
Brothels .................................................................................................................................. 4
Human Trafficking .................................................................................................................. 4
Prostitution............................................................................................................................. 4
Secondary Victimisation ......................................................................................................... 4
Sex trade................................................................................................................................. 4
Solicitation .............................................................................................................................. 4
Transactional sex .................................................................................................................... 5
Victimless crime ..................................................................................................................... 5
Nature and extent of Prostitution ............................................................................................. 6
Internationally ........................................................................................................................ 6
South Africa ............................................................................................................................ 6
The Perpetrators in a Victimless Crime ..................................................................................... 7
Prostitute as Perpetrator ....................................................................................................... 8
Buyer as Perpetrator .............................................................................................................. 8
The Victims[Less] Crime ............................................................................................................. 9
Modus Operandi ........................................................................................................................ 9
Causes ...................................................................................................................................... 11
Deviance Prostitution as fall from grace ........................................................................... 11
Free Choice Prostitution as voluntary ............................................................................... 11
Forced Action Prostitution as involuntary and coerced.................................................... 12
Theoretical Explanation of Prostitution ................................................................................... 12
General Strain Theory .......................................................................................................... 12
Labelling Theory ................................................................................................................... 13
An Economic Model ............................................................................................................. 14
Adjudication ............................................................................................................................. 17
Police and Arrests................................................................................................................. 17
Definition in the law ............................................................................................................. 18
Judicial System and the Courts & Sentencing ...................................................................... 19
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
Prostitution as a victimless crime with in South Africa| Confidential

Rehabilitation in Correctional Centres ................................................................................. 19


Prevention ................................................................................................................................ 19
Social approach to prevention ............................................................................................. 20
Economical approach to prevention .................................................................................... 21
Legal approach to prevention .............................................................................................. 21
Conclusion ................................................................................................................................ 22
Bibliography ............................................................................................................................. 23

Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on


Prostitution as a victimless crime with in South Africa| Confidential

Introduction

Prostitution as an act or profession is one of the oldest in the history of man dating back
2400 B.C. (ProCon.Org, 2013) Since ancient times the debate on prostitution as a crime has
continued. In modern day, prostitution is globally seen as a victimless crime with only a few
countries that have legalized the act. These countries have legalized the act have noted that
even the legalized sex trade is run by cartels and Organized crime syndicates. The global sex
trade has become a very lucrative trade in South Africa; the sex trade industry is mainly
coupled with human trafficking of which 80% of all Human Traffic in SA goes into the Sex
Trade (thetruthisntsexy.co.za, n.d.). The South African Sex trade/prostitution scene ranges
from local streets and alleyways to high rise brothels in Central Business Districts.
Within this paper I will discuss the various aspect of prostitution, what is the current state of
prostitution globally as well as locally. I will outline the main characteristics of the
Perpetrator (The Sex-worker) as well as the Victim with in the Victimless crime. The paper
will review the Modus Operandi of a sex worker as well as the causes and Theoretical
explanation of prostitution as a criminal act. I will discuss the view points of the Judicial and
criminal justice system on prostitution, as well as Methods of prevention of the crime.
Prostitution in South Africa is labelled as a contemporary criminological issue, because of
the increasing amount of children and youth being drawn into these corrupt crime circles.
Although there is no real victim with in the crime, because no one is being directly or
inherently harmed (Edlund & Korn, 2002) (Narag & Maxwell, 2009) (ProCon.Org, 2013),
there is a degree of victimization (of the prostitute) within the paradigm. Mostly Young Girls
are kidnapped, made addicted to drugs like Tic, Coke and Meth, the youngster are then
forced to work as sex workers to earl their fix.

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Prostitution as a victimless crime with in South Africa| Confidential

Key Concepts
Brothels
Includes any house or place kept or used for purposes of prostitution or for persons to visit
for the purpose of having unlawful carnal intercourse or for any other lewd or indecent
purpose (Republic of South Africa, 2007)

Human Trafficking
Human trafficking can be defined as the illegal trade in humans, most commonly for the
purpose of sexual slavery [Sex trade and Prostitution], forced labour (Wikipedia, 2014)

Prostitution
The exchange of sexual acts and or services for compensation, usually in the form of money
or favours (Narag & Maxwell, 2009)

Secondary Victimisation
Secondary victimization can be defined as the victim-blaming attitudes, behaviours, and
practices within the community by members of the Community and Service providers, which
results in additional trauma (stopvaw.org, 2013).

Sex trade
The sex industry (also called the sex trade) consists of businesses which either directly or
indirectly provide sex-related products and services or adult entertainment. The sex industry
provides sex-related products and services such as prostitution, call girls, adult movie
theatres, pornography, sex shops, strip clubs, sex-oriented men's magazines, sex movies, sex
channels for television and pre-paid sex movies for on demand. BDSM can also play a part in
pornography and prostitution. (Wikipedia, 2014)

Solicitation
The criminal offense of urging someone to commit an unlawful act, a person who asks
someone to commit an illegal act has committed the criminal act of solicitation (West's
Encyclopedia of American Law, 2008)

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Transactional sex
Transactional sex is an academic term that is usually used as a synonym to prostitution.
The relationship between worker and client are on a transactional exchange off sexual
relations for gifts, favours and or services (Geldenhuys, 2012)

Victimless crime
A Victimless Crime is where there is no apparent victim and no apparent pain or injury. This
class of crime usually involves only consenting-adults in activities such as Prostitution,
Sodomy, and Gaming where the acts are not public, no one is harmed, and no one complains
of the activities (West's Encyclopedia of American Law, 2008).

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Nature and extent of Prostitution


Although much have been researched and written on prostitution it is hard to determine
the full extent and its prevalence in society (Narag & Maxwell, 2009) Edlund & Korn (2002)
estimates that prostitution is a multibillion dollar industry that employs thousands across
the world.

Internationally
Research done on the global prevalence of prostitution by Vandepitte and Colleagues Cited
in Narag and Maxwell (2009) found that there is a huge variation between the global
regions, with Latin America ranging between 0.2% to 7.4% and Sub-Sahara African between
0.4% and 4.3%. In America a country which has a vast socio-economic and demographic
profile, the statistics around prostitution shows that the average prostitute is between the
ages of 14 16 years, with an average duration of 11 years of trade (Lobert, 2006). Lobert
(2006) estimated that 42% of all prostitutes in the USA are below the age of 18 when they
enter the industry.

South Africa
In South Africa the Prostitution Industry varies from escort agencies, massage parlours and
brothels (formal structures) to less structured groups. The industry operates across all races,
religions, socio-economic sectors and cultural backgrounds. The prostitutes include male
and female, Heterosexual, homosexual and transgender (Luiz & Roets, 2000).
Luiz and Roets (2000) mentioned that prostitutes and their clients are represented in all
sectors of society. The payments are done on negotiations made between the prostitute
and the client. The amount is influenced by the socio-economic status of both the prostitute
and the client (Luiz & Roets, 2000). In South Africa there is a rise in transactional sex among,
younger girls [and boys], these girls tend to seek an older male [sugar Daddy] to provide
goods and luxuries to them in return for sex. The Taxi-Queens are on such phenomenon,
where girls will use the drivers for free transport and in return they offer sexual favours
(Geldenhuys, 2012). Luiz and Roets (2009) found in their research that prostitutes in South
Africa can earn on average the same as that of lower-end professionals like Nurses and
policemen.
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The Perpetrators in a Victimless Crime


In past prostitutes where easily label as women, vulnerable, abused and coerced into the
act. In todays dynamics prostitution and the Characteristics of a prostitute has changed.
The idea of who the perpetrator is in the crime is ambiguous. The buyer and the seller in
this view can be seen as both perpetrators of the crime. Edlund and Korn (2002) defined a
prostitute is low-skill, labour intensive, female, and well paid.
A Survey study done by Benson and Matthews, cited in Luiz and Roets (2000) provided the
following key insights into prostitution:
i.

The majority of women who work on the streets became involved in prostitution at a
relatively young age;

ii.

Most women who work on the street do so on a sporadic and temporary basis;

iii.

There is very little mobility between street prostitution and commercial and organized
forms of prostitution;

iv.

The majority of women working as prostitutes have economic, social and healthrelated problems;

v.

Women who make contact with their clients on the streets are the repeated victims of
both sexual and physical violent attacks;

vi.

The majority of clients have regular partners or are married;

vii.

Many kerb crawlers are middle-aged, and a large proportion of them are middle class;

viii.

Clients who patronize saunas and massage parlours are not generally involved in kerb
crawling;

ix.

The regulation of prostitution is low-status police work; and

x.

Despite growing inequalities over the last decade, the number of women Working as
prostitutes on the streets in the majority of areas has either remained constant or
decreased.

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Prostitute as Perpetrator
Luiz and Roets (2000) quoted from Encylopedia Britanica to mentioned the different forms
of prostitution.
(a) Brothels (in various guises) wherein prostitutes sometimes reside and are supervised
by a madam with sufficient social contacts to make them viable. The supervisor
takes a percentage of the prostitutes earnings (anything from 20 per cent to a
staggering 80 per cent).
(b) Escort agencies a variation of this theme, where the agency provides clients with
an escort for a fee, with sex being a private matter between the escort and client.
(c) Call girls prostitutes with their own residences and whose customers are provided
by the operator of the calling system who screens prospective clients. Alternatively,
these women operate independently and advertise their services through newspaper
classifieds. They will normally meet their clients at their hotel rooms or at their own
residences.
(d) Street prostitutes, who share their revenue with either their pimps or others who
facilitate their livelihood, such as hotel employees, bartenders or taxi drivers.
In modern times prostitution is not limited or exclusive to women. The sex-trade market
for men and transgenders has largely increased over the years, research done on the male
sex industry has been fruitful but on transgenders are still limited (Weitzer, 2005)

Buyer as Perpetrator
According to Weitzer (2005) buyers/customers use prostitutes for several reasons:

The client desires a certain types of sexual experiences

The client desire sex with a person with a certain image or attribute

The client find the act thrilling and risky (A rush);

The client avoids the emotional responsibility connected with sex in a conventional
setting;

The client has difficulty pursuing/maintaining a conventional relationship.

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The Victims[Less] Crime

Although prostitution is by law a victimless crime, it must be said that the sexworkers/prostitutes themselves do face secondary victimisation. Mattisson and Ekebrand
(2010) mentioned that a prostitute can be seen [labeled] as a women that the law needs to
protect from becoming a victim [in terms of gender equality], futher more a prostitute can
be seen as a unattractive and filthy woman who is unworthy of repsect (Mattisson &
Ekebrand, 2010). This raises the concern that the perpatrator of prostitution, the prostitute,
is in fact also a victim with in the crime.
Sex-Workers can differ in their risk of victimization. Assault, robbery, and rape are more
prevalent for streetwalkers and for those forced by trafficking into prostitution, but for offstreet workers [brothel houses, saunas, and sex clubs] these risks are uncommon (Weitzer,
2005).

Modus Operandi

There are many forms of prostitution and thus the Modus Operandi differs to each form of
prostitution will be different; Harcourt and Donovan (2005) identified 25 different types of
sex workers. Harcourt and Donovan (2005) divided prostitution into direct and indirect
sex work.
In the typology explained by Harcourt and Donovan, they distinguished between the act,
how the client was approached and where they were serviced (Narag & Maxwell, 2009). The
types of direct sex workers where categorised by where they work streets, brothels,
Private and Escort (Harcourt & Donovan, 2008). Harcourt and Donovan continued to
mention the specific areas where these Sex workers would service their clients; clubs, alley
ways, truck stops and sea ports [for migrant workers and travellers], private calls to hotel
rooms, brothel houses.
The final part of Harcourt and Donovans typology structure was how the clients where
contacted or solicited. The main methods of contacting was places where men meet, like
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sex clubs, hotel, other contact areas would be male-only venues like saunas and bath houses
(Harcourt & Donovan, 2008).
Other types of direct sex workers exist across the globe, in South Africa within the mining
industries. Luiz and Roets (2002) divided the sex-workers on the mines under three
categories:

Beer prostitutes, who are the most visible around the mines. They tend to frequent
the taverns and liquor outlets near the mines and will exchange sex for alcohol,
money or gifts. Their clients are miners living mainly in the hostels.

Money prostitutes, who are usually found in more formal contexts such as escort
agencies and shebeens/brothels. Their structure of operation is much more highly
organized.

Streetwalkers, who, as their name implies, work from street corners in and around
wealthy suburbs of the city. Of all the prostitutes, these were the most reluctant to be
interviewed.

Indirect prostitution is where the prostitution is not the main form of income to the
person, prostitution is then as a source of additional income (Harcourt & Donovan, 2008).
This form of prostitution can range from Professional Dominatrix, sex for drugs to
swinger clubs and privately made arrangements.
A Sex-worker or prostitutes Modus Operandi will thus be depended on mainly whether
prostitution is his/her main source of income, the type of contact he or she has, the form of
prostitution he or she practices, the way in which his or clients are solicited.

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Causes
As with most crime, prostitution has a cause, an underlining reason of why people commit
such an offence. There are multiple reasons behind why prostitutes do what they do. In
some countries Prostitution is a legitimate business venture and in others strictly prohibited.
Narag and Maxwell (2009) argued that there are three main causes to prostitution.

Deviance Prostitution as fall from grace


This perspective argues that prostitution exist where a woman has low-self-esteem and has
due to circumstance a degraded sense of morality (Narag & Maxwell, 2009). Narag and
Maxwell (2009) Argues that women who are in dire circumstances and in need of cash, will
already be in a disadvantaged social state, their moral deviancy will soon follow after their
self-respect has declined. With a decline in self-respect and increase in moral deviancy it
becomes easier for a person (male or female) to be involved in crimes like prostitution
because of its high-sell value. In the interviews that Farley and Colleagues (2011) did on
sex-buyers, one of their respondents mentioned that the girls are made to feel insecure and
lose their self-respect. He continued to say that they are probably made to feel like
prostitutes and that it is all that they are able to do.

Free Choice Prostitution as voluntary


Narag and Maxwell (2009) made the assumption that prostitution is a persons [Women,
Man or transgenders] right to utilize their bodies to their own free will. They continue to
mention that prostitution can be seen as a womans inherit civil right to work, and
prostitution being a low-skill, high income work; makes it highly feasible for an uneducated
person. The view expresses prostitution as fulfilling a societal need, and in cases where a
husband is unable to have sex with his wife (Pregnancy or separation) can solicit the skills of
a prostitute thus preventing internal frustration and rejection to support the institution
of marriage (Narag & Maxwell, 2009). In the Taxi Queen paradigm the girls are willing
engaging in transactional sex with the taxi drivers, some become involved alone by the
status that comes with the name Taxi-Queen (Geldenhuys, 2012). Geldenhuys (2012)
continues that throughout the years since the bus boycotts in the 80s this phenomenon has
grown, the main cause for concern is that youngsters rely on taxis as main form of transport.

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Forced Action Prostitution as involuntary and coerced


Narag and Maxwell (2009) also argued that prostitutes in most cases are either forced or
tricked into sex work. This is most evident in that prostitutes want to leave the industry, but
are unable to do so, in statistics reported by Lobert (2006) in which ask the needs of various
prostitutes, the response was alarming. 87% of the prostitutes wanted to leave prostitution,
78% mentioned that they need a safe home or haven. In some cases young girls are lured
by modelling contracts, work opportunities in larger cities, the ideology that they are
special, most of these girls are given false illusion that they owe their bosses and must
then work of the money. Being unskilled labour the girls are then resort to sex trade. In
interviews done by Farley et al (2011) on sex buyers, their respondents reported that 98% of
the time the pimp was a man and 36% of the buyers reported that the girls where
controlled by a female pimp. One of thier repondants continued that some of the girls may
have chosen the proffession, while there are some who may have been forced (Farley, et al.,
2011).

Theoretical Explanation of Prostitution


Prostitution is a wide spread phenomenon globally with many factors that are involved in
the system. The theories that explain prostitution is just as wide spread in their thought.
General strain theory and labelling Theory are two of the main relevant criminological
theories to explain why women (or men) enter into prostitution the General Strain Theory
and Labelling Thoery (Anon., 2009).

General Strain Theory


General Strain Theory (GST) was originally developed by Emile Durkheim and later perfect
by Robert Metron (Anon., 2009) the theory holds that crime is as result of negative pressure
as result of negative stimuli in the form of negative behaviour or emotions like anger or
depression (Schibler, 2013). The strain theory focuses on three main forces of strain as
Schibler (2013) explains:
1. Strain from failure to achieve goals There is a difference between what a person
wants and what s/he can achieve, what s/he expects and the outcome.

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2. Strain from removal of positively valued events - Is when a positive stimuli or event
is removed from the individuals world, and crime may occur to regain or prevent this
3. Strain from the presence of negative events is when a negative event is expected
or present, crime can be committed to avoid a negative situation or stimulus.
The BecauseSheMatters Blogspot explains that stain theory is a feeling of anger and
frustration when we fail at out attempts to achievement something, when our relationship
fail, or victimization that leads to strain (Anon., 2009)
With this in mind we can see that men and women who are unable to achieve financial
goals, will experience economic strain/stress that they will lose their valued lifestyle
(Positive stimuli) and thus lose their status and their valued relationships. To prevent this
strain men and women might venture down criminal paths as crime can be a lucrative
business. For men and Women who do not have the skills to commit larger crimes like
robbery or fraud, maybe forced to utilize the one asset they have, their bodies.

Labelling Theory
Becker (2001) argued that crime in itself is created by social groups, groups that create
deviance. The groups create rules and regulations, when broken cause the person to be
excluded from the group and seen as an outsider. Once a person has been given a set label,
i.e. prostitute or sex-worker by his/her peers or the police, that person would find it difficult
to lead a normal life (Anon., 2009). The theory explains that deviant behaviour is not a
quality that lies within the behaviour of everyone, but rather an interaction between whom
commits the crime and those who respond to it (Becker, 2001). Becker (2001) constructed
4 main areas in which an act can be discriminated as deviant.

Conforming When someone is obeying the rules (Given by social group) and he is
perceived by the social group as obeying.

Pure Deviant Can be seen as someone who has committed a deviant act/behaviour
and they disobey the rules, and the person is perceived as such a deviant.

Falsely Accused Is regarded as a person who is seen doing something and labelled
for that act, like a prostitute, although the person has not committed the deviant
act, the social group reacts to that person as the said label.
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Secret Deviance Is seen as when a deviant act is committed by a person and it is


not noticed by the society (Social Group), the society does not react or respond to
the persons deviance.

With Labelling Theory in mind Prostitution could be explain as follows, once a woman or
man has either committed, or seen committing a sexual deviant act, the larger group will
label him/her regardless of whether s/he has committed such an act. The larger group may
label him/her promiscuous, once label his/her self-esteem and respect will be damaged. The
label will stick, and cause a stigma. The person will then react to the said label and do the
acts that s/he is blame or suspected for. The same concept can also be applied to children of
prostitutes who are given the same social label as their parents. The label in turn
discriminates against the children of such parents, creating a perceived stigma, and thus
creating a response from the child to believe the label and act within its frame.

An Economic Model
Edlund and Korn (2002) proposed an economical model to prostitution, in which their
premisses are based on the socioeconomics and overal income of both sellers and buyers.
They explained that prostitution is the selling of non-reproductive sex while wifes are seen
as selling reproductive sex. In the research done by Edlund and Korn (2002) they found
that prositution is a case of the poor, their findings stated that there is a decrease in
countries where both male and female incomes have increased.
The main arguments to their economical model can be seen as:
A. Women sell, Men Buy
The argument is that men are regarded as the buyers while women are seen as the
sellers of sex. Although women arent the only ones that sell, the profession is
overwhelmingly female dominated.
The premise of this paper is that female heterosexual prostitution is conditioned by
the following realities of reproduction: fecund women are scarce, a child has by
default only one known parent (the mother), and marriage gives a man parental
rights to the children borne by his wife (Edlund & Korn, 2002).

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Humans not only mate but also marry. We argue that men pay a premium for
mating opportunities in wedlock. The basic idea is that in addition to biological
parenthood, people might be interested in a social affiliation, for example, in a role as
recognized parent and custodian. (Edlund & Korn, 2002).
Bearing this in mind they concluded that prostitution exist to fill the gap, where
wives are unable to provide sex to their husbands, or in cases where men do not
feasible options to have sex.

B. Market Structure
Prostitution can be organized from the bottom end, street prostitutes to the higherend market like escort agencies. The working girls also look different, the higher-end
prostitutes are usually younger, better looking and healthier that the bottom-end
prostitutes, main because the higher-end prostitutes operate in wealthier areas or
circles (Edlund & Korn, 2002). Many countries have legalized the sex-trade industry,
within countries where brothels have been legalized they overshadow street
prostitution, in countries where prostitution has been organized even illegally the
lower-end market tend to fall away (Edlund & Korn, 2002). The market can be seen
as a supply and demand venture, high demand for sex-workers will allow for a
vacancy in the market, and thus more prostitutes will emerge.

C. Pay
In Edlund and Korns (2002) research they estimated that a prostitute in LA can earn
up to $23 000 per annum, while the average working [educated] woman in LA earns
up to $20 000. This proves again that financially that prostitution can be seen as not
just a lucrative business, but a feasible profession. Female prostitutes earn far more
than their male counter parts, while men in the normal job market earn far more
than their female counterparts (Edlund & Korn, 2002). This would greatly explain the
differences in male and female prostitution. The financial gain or chances of gain is
far higher for females than males.

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Giusta, et al. (2004) argued that the economic model does have some flaws in their
design, but it gives an explanation of prostitution from a financial perspective.
Giusta, et al. (2004) added in their research to the model and stylized facts:

Supply
Supply and working conditions depend partly on the availability of other
livelihood opportunities (not just other jobs and their pay, but also the
working conditions) and partly on social stigma. (Giusta, et al., 2004) The
supply of sex-workers can also be affected by the socio-political and
economic status of neighbouring countries, if the current country poses a
higher risk the supply will decrease. In these cases human trafficking occur
and supple is thus imported into the desire area.

Skills
Evidence suggests that the ability to maintain emotional detachment and
separate ones identity of prostitute from one other identities are skills, and
skills are required to defend themselves and cope with risks (Giusta, et al.,
2004) Although prostitution is a low-skill or uneducated job, certain degrees
of skills are needed to be a successful venture or to be feasible investment
for a brothel house.

Demand
According Giusta, et al. (2004) that both men and women demand services
from prostitutes, with men being the larger demand. They also found that
the demand was more about the control of sex for money than the sex for
money. The greater the demand the great the stress on the supply. As in
most markets the supply and demand effects the price and the quality of skill.

Market fragmentation and intermediaries


Giusta, et al. (2004) argued that the sex-trade markets are very fragmented
into smaller sub-markets depending on the type of prostitution [Street sexworkers, brothels or clubs]; these sub-markets are mainly controlled by

intermediaries [like pimps or matre d's].


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Although the Economic model is not based on a criminological perspective of crime, the
theory does give a new look at the explanation to this crime. The theory is well influenced
by criminological ideas and perspectives. Taking the premises of the theory in to play, we
can assume the following. That even if a sex-worker has not chosen prostitution as their
primary source of income, the global recession of 2008 had extreme strain on the unskilled
labourers. In times of great financial crisis people are forced to work in extremes. If a
unskilled labourer has been fires/retrenched s/he must find a feasible and financially stable
source of income. Most turn to crime, as it is a High risk; high[er] gain industry. Prostitution
being one of the most lucrative, and having no need for additional skills like fraud or theft.
On the other hand the theory explains another side to prostitution, one from a buyers
perspective, and that if the demand increases (as it does in depressing times) the need for
supply will increase (Creating an open job market, and viable opportunities).

Adjudication
As discussed we can see that prostitution is a multi-facet and widely occurring crime, with
sub-structures and sub-cultures on each level of prostitution. The criminal justice process
needs to attack this widespread crime on all its facets from all points of the systems
structure. In South Africa contact with the criminal justice system or process can be seen on
three levels or stages. The Police and the arrest of criminal deviance, the judicial system and
the courts, and the final stage involve correctional services and rehabilitation. Prostitution in
South Africa has been illegal since the 1950s (Luiz & Roets, 2000).

Police and Arrests


The police can be seen as the first line of contact for prostitutes (Masimanyane, 2010).
Masimanyane (2010) argued that the police themselves have been victimizing prostitutes.
We as the public, potential victims rely on the police and police structures to enforce the
law set out in the constitution. In regards to prostitution the law has some grey areas that
can make policing of the crime difficult, but who protects the criminals. Prostitution is a
crime punishable with correctional detention. The SAPS will then have to protect the
prostitutes from being victimized in their illicit acts.
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Definition in the law


The penalty attached to the contravention of the provision is: a maximum of three years
imprisonment, with or without a fine that may not exceed R6000. It is important to note
that only sexual intercourse, or sexual indecent acts, for reward have been criminalized
Prostitution has been declared illegal under Section 20 of The Sexual Offences act 23 of
1957 (Republic of South Africa, 2007). According to Section 20:
20) Persons living on earnings of prostitution or committing or assisting in commission of
indecent acts
(1) Any person who(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) ......
(c) in public or in private in any way assists in bringing about, or receives any
consideration for, the commission by any person of any act of indecency with another
person,
shall be guilty of an offence

(1A) Any person 18 years or older who(a) has unlawful carnal intercourse, or commits an act of indecency, with any
other person for reward; or
(b) in public commits any act of indecency with another person,
shall be guilty of an offence.
(2) If it is made to appear to a magistrate by information on oath that there is reason to
suspect that any house is used for purposes of prostitution and that any person residing in or
frequenting the house is living wholly or in part on the earnings of prostitution, the
magistrate may issue a warrant authorizing any police officer not below the rank of sergeant
to enter and search the house and to arrest that person.. - (Republic of South Africa, 2007)

Even with the law being quite clear about what and who is guilty of the crime, arrests are
still difficult. Any two of the person may at any stage declare that the sex was consensual or
one of the partys imply that they are not aware of the said underlying transaction.
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Some argue that the prostitution or consensual sex between 2 adults is out of free choice,
and that the law infringes this right

Judicial System and the Courts & Sentencing


Kalwahali (2005) states that the penalty for prostituttion is a maximum of three years
with/without a find that may not be larger that R6000, he added that only sex [penetrative
or other forms of intercourse] or sexual acts [Direct or Indirect] for money or valued gain
has been criminalized.

Rehabilitation in Correctional Centres


According to the Correctional programmes policy and the White paper on Corrections, it is
the responsibility of the Department of Correctional Services to aim to rehabilitate criminal
behaviour (Department of Correctional Services, 1998; 2008). The main concern with
prostitution is that it does not have a specific category; Prostitution can be argued as both a
sexual crime as well as an economical crime. Currently there are 11 official correctional
programmes available to be rendered to offenders in correctional facilities, but there is no
one programme aimed at prostitution as single criminal event. Arguments can be made that
prostitution covers multiple crime fields, the rehabilitation process should be aimed at
rehabilitating multiple aspects of a sex-workers life.
A Concern should be raised that prostitutes with in the correctional context can lead to
secondary victimization, the environment can be harsher and more strenuous and thus
leading to the offender utilizing prostitution as a means of transactional trade.

Prevention
The discussions so far have proven that prostitution is a crime that has too many variables
to be attacked from on angle. The prevention should have a more Holistic view to solving
the problem that a single event- single prevention method. As discussed under the
theoretical explanation of prostitution, the origin of why people commit the crime will
provide valuable resources as to how to prevent it. In the report by Masimanyane (2010)
they state that their Strategic frame work the following must be included and fucntional:
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
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Prevention Strategies: for young girls and vulnerable women at risk of involvement.

Early Intervention Strategies: measures for women in early stages of involvement.

Harm Reduction Strategies: that makes provision for specially trained service providers
for prostitutes to assist in reducing the harmful effects of long term involvement in
prostitution

Exiting Strategies: that provides support services for women attempting to exit
prostitution, prevent relapse and sustain their non-involvement. It should include basic
education and training, skills development training and social assistance programmes.
(Masimanyane, 2010)

Social approach to prevention


As mentioned in the Correctional Programmes policy each offender must undergo certain
programmes before s/he is eligible to be placed out on parole (Department of Correctional
Services, 2008). There are two main programmes that all offenders serving sentence longer
than 24 months [Prostitutes incl.] will attend, new beginnings (Life skills in prison) and PreRelease (Skills aimed at limiting recidivism) (Department of Correctional Services, 2008).
According to the labelling perspective, the person commits a crime due to a belief in a
negative value. The prevention methods must be aimed to reverse the belief in this label,
and focused on building or constructing a positive label. As shown in the San Franciscos
strategy against prostitution aiming at preventing prostitution and recruiting girls out of
the environment the fowling aspect must be addressed:

Homelessness Giving vulnerable people shelter before they are forced to


join brothels or live on the street

Medical Care Most of the people involved in prostitution are addicted to


drug to numb the consciousness and keep the girls under control

Mental Health Care Antisocial behaviour can be a result of getting involved


in prostitution in the first hand.

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Life and Job Skills Because Prostitution is a low-skilled work, persons who
have acquired a greater or higher skill level will rather aim for that higher
socio-economic status.

Emotional Development Some of the people involved are not leant the
appropriate behaviour, and appropriate manner in which we react to
external forces.

Economical approach to prevention


As viewed in the research done by Edlund & Korn (2002) prostitution occurs more frequent
in areas or countries with low-income and economic growth. Thus in countries or areas
where there is more financial stability available, the larger the resource pool fro income.
Edlund and Korn (2002) mentions that once the finiancial need for prostitution has subsided
so too wil the supply and demand change.

Legal approach to prevention


Narag and Maxwell (2009) argued that both Criminalization and Decriminalization will not
deter the Prostitution as a crime. They continued to mention that from a legalization point
of view, not all forms of prostitution [Vulnerable groups] should be legalized, that all
prostitutes under a legal umbrella must be registered and be subjected to health and
medical status queries. There is a Movement towards the legalization of prostitution,
mainly because prostitutes render a sought after skill, thus demand is high.

Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on


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Conclusion
Within this paper we had a critical look at prostitution as a criminological issue with in South
Africa. The crime itself has many role player and people sustaining it. Prostitution is seen by
the criminal justice system as an illegal act, the act is seen as a victim-less crime because
there is no true or solid victim. In this paper we discussed what prostitution is, and how
does it look in South Africa. The discussions led to the debate about is it truly a victimless
crime, the perpetrator (Sellor) in some cases can be force or coerced into committing the
act of prostitution. Many youngsters are lured away from rural areas with promise of
wealth, health and easy living.
There are many factors that contribute to rise in the secondary victimization of an offender.
The buying of sex has increased over the years; this is evident in the larger increase of
supply and demand of sex-workers. With the increase in buyers, the need and supply for
sellers have increased. We saw that the perpetrators in certain crimes are the victims within
the same context. We discussed the characteristics of what both the victim and the
perpetrator. It can be argued that Prostitutes are victims of society, they have been labelled
as such and their deviant behaviour will be only a self-believed truth or disillusioned.
My discussion and literature review lead me to further understand the Modus Operandi of a
sex-worker. We saw that the Modus Operandi was directly link to the type of crime that
s/he is facing. Under the causes, section 20. A Brief summary on our discussion on causes of
the crime and the causality factors outside and inside of the prostitutes her/himself. The
cause and effect of prostitution as a global event is deeply link with the theories of
explanation of the crime.
In closure it is important to note that even in countries (like the Netherlands) where
prostitution is legal , It as a viable and feasible as any other job opportunity, there are still
strict rules and regulations maintaining the working class. We can make the assumption
that as long as there is a demand for prostitution in a country, the business will be active.

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Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on


Prostitution as a victimless crime with in South Africa| Confidential