Browsing by Author "Sanger, Cherith"

Now showing 1 - 4 of 4
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    An analysis of the scope of sexual consent in bondage, domination, discipline, submission and sadomasochistic practices
    (University of the Western Cape, 2023) Titus, Merique David; Sanger, Cherith
    Background : Women are a historically marginalised group in society. Their sex (and gender) has been used as grounds for their sexual objectification which in turn exposes them to harmful acts. Accordingly, at both international and domestic levels, an array of legal protections underpins the efforts to eradicate gender-based violence (GBV) and, more specifically violence against women (VAW). Sexual objectification is an all-encompassing process whereby men construct [women’s] sexuality solely for their intended benefit and pleasure. These practices are often supported and promoted by women who have been socially conditioned to conform to the status quo.
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    S v Mthethwa: Justice for sex workers in the face of criminalisation
    (Routledge, 2020) Sanger, Cherith
    In 2017 the Western Cape High Court convicted acclaimed painter, Zwelethu Mthethwa, of the brutal murder of sex worker, Nokuphila Khumalo. This profile offers a feminist-legal analysis of the judgment and sentence handed down by Judge Patricia Goliath. Essentially, it explores the various inequalities between Khumalo and Mthethwa and its impact on Khumalo’s vulnerability to violence. The author argues that Khumalo’s dichotomous and disadvantageous position to Mthethwa, due to her sex, gender, the criminalised status of her work and her socioeconomic status, enabled the brutal and fatal attack which Mthethwa perpetrated against her. Ultimately, it is argued that Khumalo’s murder was a consequence of her ‘low’ status in society, based on the various grounds of vulnerability and inequality that enabled her murder. The judgment and sentence provided a sense of justice for Khumalo, her surviving family members and all other sex workers in South Africa; however, true and meaningful justice cannot be delivered under the criminalisation of sex work. It is further concluded that to some extent, the judgment and sentence has ‘humanised’ sex workers by sending the message to society that sex workers have the right to have their human dignity, equality and freedom respected, protected and fulfilled.
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    The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
    (University of the Western Cape, 2022) Sanger, Cherith
    Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued that the criminalisation of sex work, which is the current legal model enforced in South Africa, has enabled and cemented corrupt practices in the policing of sex work. Whilst police officers occupy a position of power over all persons living in South Africa, due to their office and authority to enforce the law, it is argued that the police officer/sex worker dichotomy is deepened by the illegal status of the conduct that sex workers engage in.
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    The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
    (University of Western Cape, 2021) Sanger, Cherith
    Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued that the criminalisation of sex work, which is the current legal model enforced in South Africa, has enabled and cemented corrupt practices in the policing of sex work. Whilst police officers occupy a position of power over all persons living in South Africa, due to their office and authority to enforce the law, it is argued that the police officer/sex worker dichotomy is deepened by the illegal status of the conduct that sex workers engage in. This dichotomy places sex workers in an extremely vulnerable position in relation to police corruption. Criminalisation gives police officers multiple and constant opportunities for corruption.