Legalising prostitution

South Africa is presently toying with the idea of legalising adult
prostitution. The discussion document is available on the South African Law Reform Commission website (SALRC), for those who are interested.

The discussion document presents four options for the law concerning prostitution:

1. Prostitution is completely illegal (as it is presently)
2. Prostitution is partially illegal (where it will be a criminal act for men to use prostitutes and running brothels will be criminal, pimping women will be criminal, but the prostitutes themselves will not be criminals)
3. Prostitution is completely legal
4. Prostitution will be regulated by government

I am not legally trained so I am probably not getting as much out of the document as I could be. And perhaps readers of this will have insight I don't have.

But for me, the thought of legalising prostitution is completely alarming. For moral reasons, including the fact that prostitution is primarily the brazen exploitation of poor women. People sometimes try to sell this as being about freedom of choice for women, being able to choose how to use their bodies. I might take that seriously if prostitutes were middle class women who decided to have a go at prostitution because it allows them to make some extra money to spoil themselves with, and still be at home with their children during the day. But thats a ludicrous thought, isn't it? Because women don't WANT to be prostitutes. No little girl grows up wanting to be a prostitute (unless she has watched Pretty Women, and then she actually wants to be a prostitute so that Richard Gere will come and save her from prostitution.)

Prostitutes end up being prostitutes primarily because they don't see any other options for providing for themselves or their families.

A friend of mine grew up in what I suppose is a semi-red-light district in my home town. She says that she was befriended by the son of a nearby brothel owner. Looking back at it now, she says she suspects it was a strategic move on the part of the brother owner, trying to draw her in. Thankfully she moved out of that neibourhood when she was still quite young. Now she is doing a postgraduate degree at university, loving what she is doing, and is one of my heros. Is very involved in education, she works with learner representative councils in township schools. It wouldn't suprise me at all if she ends up being the next minister of education :)

But she could have ended up as a prostitute, had things turned out differently. Isn't that a horrible thought? But if we make prostitution legal, we are saying that it is a legitimate choice. Imagine career counselors in poor schools recommending girls become prostitutes? Imagine them recommending *your* little girl becomes a prostitute? "Well, academics isn't your strong point and you aren't really gifted with people either. You don't have obvious leadership qualities... you aren't gifted with your hands. You aren't sporty. Have you considered prostitution?"
No no no!!!

One argument for legalising prostitution is that because prostitution is illegal, prostitutes are vulnerable to abuse and brutality by policeman. But that is a red herring, to my mind. Corruption in the police force should definitely be dealt with, but that is an issue on its own.

And this issue of legalising prostitution before 2010 - are we inviting foreign men to take advantage of poor South African women?

My first preference would be for the second option above (partially illegal), followed by the first option of prostitution remaining fully illegal.

But the more I read about it, the more angry I get. That we are seriously considering decriminalising prostitution entirely. Even setting up government bodies to regulate prostitution - it is like something out of Terry Pratchett.

I could write more, but let me just leave you with some choice quotes from the discussion document.

The SALRC is inviting comments on the discussion document, closing 30 June. So I encourage you to send in comments. There is an interesting article entitled "Myths and Facts about Decriminalization of Prostitution" on the Family Policy Institute website (here) if you want more information.

Quotes from the Discussion Document:

"Research shows that irrespective of the legal option [options 1,2,3 or 4 above] followed, women and girls in prostitution have a mortality rate 40 times higher than the national average."

"The latter study also found that it is not a job that the prostitutes like doing, or would choose to do should their range of options have been wider."

"Many are school drop-outs from abusive families, often bearing children from
adolescent relationships. Many have kids and grandparents to take care of. They face real financial pressures. But given their backgrounds, their options are limited. They can work as check-out girls at supermarkets; hang up clothing at retail stores; work as domestics; do waitressing; dress hair; sit at home; etc. or they can sell sex."

"The female prostitute has been the social outcast, the male patron has been accepted or ignored. She is visible and denounced, her existence tainted by her activity. He is faceless, a mere ingredient in her offence rather than a criminal in his own right, who returns to respectability after the encounter. In terms of the sexual double standards prevalent in our society, he has often been regarded either as having given in to temptation, or as having done the sort of thing that men do."

"According to this research, men [believe that they] have the absolute right to have their sexual needs met whenever and wherever they want."

"Some responded that all women would have to function as prostitutes in order to stop the institution of prostitution."

"Prostitutes do not view prostitution as a long-term career choice and at some point most prostitutes wish to leave prostitution."

And a quote that made me very sad:
"Nearly 40% of all black prostitutes interviewed had migrated to the major cities from the Eastern Cape."