NPA GUIDELINES ENCOURAGE THE ABUSE OF SEX WORKERS

SWEAT - the sex worker rights and health services organisation - have obtained a copy of wording of unpublicised guidelines provided to police by the National Prosecuting Authority, dating from September 2011. The guidelines consisting of a checklist of ten "aspects" which must be ticked before any sex worker is arrested for soliciting- see attachment on page3. They show how deeply embedded the police abuse of the rights of sex workers is, and how impossibly expensive and legally uncertain it would be to attempt to enforce the current law.

Quoting from the guidelines, before making an arrest, police must judge that someone is a "known prostitute", "has a habit of frequenting certain streets", has been observed in those "certain streets on numerous occasions", was wearing clothing which was "indecent", was seen walking up to men in the streets in order to accost them, or waved down motor vehicles in order to attract attention, and "lifted/lowered/opened his/her clothing in order to expose his/her private parts or breasts".

Stacey-Leigh Manoek, an attorney at the Women's Legal Centre in Cape Town, said today: "The contents of this document are of great concern to us. In order for police officers to "tick off" every item in the checklist they will have to stalk and harass sex workers. For example, in order for a police officer to ascertain whether a person has a habit of frequenting the streets, the officer would have to wait around for them to appear and then harass them to ascertain the reasons for them being in the street at a particular time. They would have to do this again and again. This form of harassment has been prohibited by the Western Cape High Court."

"Targeting women with low incomes trying to earn money for their families, police are being told to invade privacy, to make impossible judgements and to devote endless time to surveillance. Of course, there are very few convictions, and instead the police feel that such demeaning rules justify their emotional and physical abuse of sex workers, as evidenced by endless stories received by our organisation. Police resources should be used to watch out for crimes, not short skirts.

We have just closed the 16 Days of Activism to End Gender Based violence -but sex workers can expect little protection from the police and face daily abuse and indignities. This law is thoroughly discredited, and endangers thousands of women each year. Decriminalisation of sex work will free police officers to tackle real crime like violence against women, and will enable organisations like ourselves to improve the lives of sex workers - it's a win-win solution", said Sally-Jean Shackleton of SWEAT.

Saturday 17TH December is the International Day to End Violence against Sex Workers. Leading up to that day, SWEAT and SISONKE (the organisation of and for sex workers in South Africa) are highlighting the physically and emotionally violent impact of the criminalisation of the 250 000 plus sex workers in South Africa, their clients and those who work with them. We call for the decriminalisation of sex work, which is proven to protect sex workers, to promote their rights and improve relationships between them and the police.

Requirements in own writing:

PROSTITUTION

Section 19 of the Sexual offences Act, no 23 of 1957

1. Any person who entices, solicits, or importunes in any public place for immoral purposes, shall be guilty of an offence.

2. Any person 18 years of older who willfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place or in any place to which the public have access, shall be guilty of an offence

Members must ensure that the following aspects are addressed in there statements, namely

1. That the accused is a known prostitute in that he/she has a habit of frequenting certain streets.

2. The members have observed the accused on certain streets on numerous occasions (member can state since when he / she has been stationed at a station and for how many months, years etc he / she has observed the person)

3. Specific description of the clothing / dress of the accused at the time of the arrest (description of clothing that shows she/he was indecent).

4. Whether the member has arrested a prostitute previously in similar circumstances, and if possible, the number of times and dates, etc.

5. The accused was seen walking up to men in the streets in order to accost them or that the accused waved down motor vehicles in order to draw the attention to him or herself.

6. The accused lifted / lowered / opened his / her clothing in order to expose his / her private parts of breast:

7. Full details of the circumstances under which the accused were found, time of day, the specific area where the accused were found is a public place ( where businesses still open, was public transport available, etc); 8. The residential address of the prostitute is or is not situated in the area where he / she was found.

9. The evidence of the member should be of such a nature that there is no doubts that he / she is a prostitute playing his / her trade in the specific area, and

10. Any report the prostitute made to the member regarding his / her presence at the time and place where he / she was found.

In order for members to be able to submit a comprehensive statement as referred to above, a member must observe the suspected prostitute for a period of time

Upon reading the statement the member must be satisfied that the only inference the Court can draw from the evidence is the fact that the accused was soliciting for purposes of prostitution.

Statement issued by Stacey-Leigh Manoek of the Womens Legal Centre and Sally-Jean Shackleton, Executive Director of SWEAT, December 12 2011

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