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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
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.
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)
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).
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.
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
Prostitution as a victimless crime with in South Africa| Confidential
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.
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.
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.
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 desire sex with a person with a certain image or attribute
The client avoids the emotional responsibility connected with sex in a conventional
setting;
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
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
Prostitution as a victimless crime with in South Africa| Confidential
10
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.
11
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.
12
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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.
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
Prostitution as a victimless crime with in South Africa| Confidential
14
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).
15
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.
16
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.
17
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).
18
(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.
Hannes Koekemoer|4576-965-6|CMY4803: Assignment 1|A Critical discussion on
Prostitution as a victimless crime with in South Africa| Confidential
19
Some argue that the prostitution or consensual sex between 2 adults is out of free choice,
and that the law infringes this right
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
Prostitution as a victimless crime with in South Africa| Confidential
20
Prevention Strategies: for young girls and vulnerable women at risk 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)
21
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.
22
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.
23
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