There are many destructive myths as well as a few facts
making the rounds about prostitution and the implications that legalising it
may have on South African society. Most of these myths have been spread by
rather radical activists who hold a position either strongly for or strongly
against the legalisation of prostitution in South Africa. Before you choose a
position on this issue, it is important that you consider what the legalisation
of prostitution will really mean for people of South Africa- whether the
consequences of legalisation or keeping prostitution criminalised is something
we want.
The definition of prostitution is this: the practice or
occupation of engaging in sexual activity with someone for payment. Many
arguments around the legalisation of prostitution are not actually based on
what effects legalising prostitution would have on society per se, but rather what effects an increase of commercial sexual
services will have on society. This is because it is often implied that the
legalisation of prostitution will cause growth in the commercial sex industry. If
this is correct, then those arguments will stand; of it is not, then they will
simply fall away. To determine whether an increase in the offer of sexual
services will increase, let us look at prostitution as an industry.
Working in prostitution generates a significant amount of
income in a short amount of time usually outside of conventional working hours.
The average monthly income for an individual working in prostitution is higher
than many forms of entry level employment- making it a viable choice for job
seekers across the country. Also, because of its unconventional hours, it is a
practical method for an individual engaged in other activities during
traditional working hours to supplement their income (to make a bit of cash on
the side). Therefore, it is clear that working in prostitution offers definite
economical benefits- benefits that may not be able to be attained any other way,
despite apparent health and safety risks.
These economical advantages suggest that legalisation of
prostitution may make it a very appealing choice for people who are currently
unemployed or wish to generate extra income. Groups that prostitution may
particularly appeal to are young women (and men) who are currently busy with
studies or working in a position that is not adequately meeting their financial
needs. This is because youth and beauty are valuable commodities in the sex
industry; and therefore, unlike almost any other industry in the world, the
younger you are the easier it will be to be financially successful. Unless a person
has a strong stance against entering into prostitution or finds the safety and
health risks to be too great, the instant economic advantages may be a strong
drawing card to convince many- especially those coming from impoverished
backgrounds. South Africa has very high unemployment rates especially among
individuals between the ages of 18-30. Because of this, it can be inferred that
legalising a method where people without access to other forms of employment
can make a significant amount of money will result in an increasing number of
people entering into prostitution.
On the other hand, many would argue that in nations where
prostitution has been legalised there has not been a significant increase in
the amount of people selling sexual services. However, it is important to note
that the nations where prostitution has been legalised have very different
societies from South Africa. I am not commenting on the morality or values of
any of these nations, but rather on different social economical factors that
may drive individuals to choose a life of prostitution. Simply put, many (not
all) of the people in prostitution in nations where it is legal have other
opportunities to generate income, while many people in South Africa do not.
Poverty and unemployment is the largest driving factor for individuals providing commercial sex services in South
Africa- a driving factor that is not present (or at least not to the same
degree) in many of these other countries. Therefore, it is very likely that the
legalisation of prostitution will increase the number of individuals entering
into prostitution; but it is yet to be determined whether this really is a
negative thing or not.
The legalisation of prostitution can easily be seen as a
form of job creation and can offer a form of legal protection for individuals
already working in the commercial sex industry. Now, there are many indirect
consequences that the legalisation of prostitution may have in relation to
prostitution solicitors (pimps), the likelihood of an increase of human
trafficking and exploitation, and also an increase in competition among people
working in prostitution. However for means of the remainder this article all I
am going to focus on is whether prostitution in a traditional form is “bad” or
not.
To answer this question, I will not appeal to any type of
moral code or so called “social standards” of behaviour, but merely offer
evidence and observations from which you are free to draw your own conclusions.
Being on the field and speaking to the women and men who prostitute themselves
on the streets of Johannesburg and Cape Town has given me interesting insight
into their lives. Even though every individual has had their own reasons for
entering and remaining in prostitution, and I have by no means spoken to large
enough samples of people to draw cause-and-effect like conclusions about
prostitution, there have been a few things that these men and women have said
that have solidified my view on the issue of legalisation. These comments were
made by men and woman who were (and some are still) working in prostitution and
who were not being controlled by any third party. Now please note that these comments were made
by these women and men from a place of vulnerability, as many conversations
that I’ve had with a man or woman in prostitution has begun with them
advocating what they do- as I’m sure many of us would do too.
“People think we want to do
this-that we find our jobs fun. I’m here because I have children back home that
need to go to school. They can never know what I do.”
“You should see the way they look
at us- like we are nothing.”
“They think because they pay us
they can treat us anyway they like. We are still human beings.”
“If my children could see what I
go through, maybe they would learn and never become like me... at least then
they would appreciate what I do to give them a life”
“At the beginning it is horrible.
But after a while you go numb. Sex is a job and you have to be strong. The
money is good so it makes me think it’s worth what we go through.”
Why do you think the clients come
to you? “Some of them are lonely. But once I asked a man who had a ring on his
finger ‘why do you do this?’ he replied: ‘because I can’t just eat chicken
everyday’.”
“The one time I was walking home
and two men came up to me with a gun, took everything I had, beat me up and
then had business with me for free.”
So the question of whether prostitution should be legalised
or not should not be about what would make the industry more accommodating to prostitutes,
whether we want to create more taxable employment, or whether prostitutes
deserve this treatment and should be criminalised; but rather whether we as
society see it fit to encourage more men and women enter into an industry of
exploitation. Some things should not be
for sale.
