KUALA LUMPUR – Sarawak Women for Women Society (SWWS) has expressed concern over the recent prosecution of a sex worker for solicitation, which saw the client getting away scot-free.
While on the surface this may seem like an issue of selective prosecution, the NGO said there are no provisions in the law for authorities to prosecute clients of sex workers.
The law that was used to charge the sex worker was Section 372B of the Penal Code which states: “Whoever solicits or importunes for the purpose of prostitution or any immoral purpose in any place shall be punished with imprisonment for a term not exceeding one year or with fine or with both.”
This section does not criminalise sexual services itself, but the offer of sexual services.
“This is unfair, but it is how the law stands,” the SWWS said in a statement.
“Nowhere in this, or other sections of the penal code is the man who is seeking the service criminalised.”
However, according to criminal lawyer Rajsurian Pillai, the definition of ‘solicitation’ in Section 327B could cover the criminalisation of clients.
“Section 327B makes soliciting for prostitution a crime, which means it covers those offering sex services, as well as those paying for the services,” he said.
Rajsurian said transactions vary as clients could be the ones seeking the services of sex workers.
There may, however, be an explanation as to why only sex workers are getting arrested for now as “it is harder or less likely for police to disguise themselves as sex workers, and arrest potential clients”.
“When enforcing Section 372B, the police will go undercover as clients looking for prostitution services. Then they make the arrest,” he said.
Meanwhile, Justice for Sisters researcher, Thilaga Sulathireh recommended decriminalising sex work instead.
"It is common for sex workers to be charged, but there is a lack of focus on why they are having to resort to this to earn a living,” Thilaga told The Vibes.
“In the end, this is a job. Unemployment or poverty may have led them to do this. They are not harming anyone.”
She added, the decriminalisation of Section 372B can result in the reduction of negative stigma towards sex workers.
“Decriminalisation of sex work would allow these workers to have better access to healthcare, in addition to ensuring their safety. They wouldn't be afraid to report to authorities if any crimes were committed against them,” she said.
“The transmission rate of HIV in countries where sex work has been decriminalised is low.” – The Vibes, October 20, 2020
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