[Home] [Databases] [WorldLII] [Search] [Feedback] South African Law Commission

You are here:  SAFLII >> Databases >> South African Law Commission >> Issue Paper >> 19 >> EXECUTIVE SUMMARY

[Database Search] [Name Search] [Previous] [Next] [Download] [Help]

EXECUTIVE SUMMARY

This Issue Paper is the first paper of the third leg in the series of the investigation into sexual offences (Project 107). It sets forth the Commission’s preliminary views regarding adult prostitution.

After presenting a historic overview of legal measures used to address adult prostitution and considering the current debates surrounding adult prostitution, the existing legal framework and the international developments, also in respect of trafficking and HIV/AIDS, the Commission decided to present three legal options for addressing the problem of adult prostitution. These options are:

• Criminalise all aspects of adult prostitution as criminal offences;
• Legalise adult prostitution within certain narrowly circumscribed conditions;
• Decriminalise adult prostitution which will involve the removal of laws that criminalise prostitution.

Within these options further subdivisions and variations are possible. The Commission sets forth the implications should a particular option be adopted and poses questions as to all the options presented. At this stage of the investigation and pending the decision of the Constitutional Court in the Jordan matter, the Commission has decided not to take a particular position as to any of the options. Comments are invited on the legal options presented.

The Commission has dealt with the issue of child prostitution in the first two discussion papers (Discussion Papers 85 and 102) in this investigation as well as in Discussion Paper 103 on the Review of the Child Care Act. As far as child prostitution is concerned, the Commission’s preliminary view is that child prostitution should be prohibited and that the child involved in commercial sexual exploitation should be regarded as a victim in need of protection.