O’REGAN J and SACHS J
“2.
Keeping a brothel. – Any person who keeps a brothel shall be guilty of an
offence.
3.
Certain persons deemed to keep a brothel. – The following persons shall for the
purposes of section two be deemed to keep a brothel:
(a)
...
(b)
any person who manages or assists in the management of any brothel;
(c)
any person who knowingly receives the whole or any share of any
moneys taken in a brothel”.
The definition of brothel in the Act is contained in section 1 which provides as follows:
“‘brothel’ 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.”
“Unlawful carnal intercourse” is in turn defined in the same section as “carnal intercourse
otherwise than between husband and wife”. The High Court held that section 2 was a
measure to restrict the commercial exploitation of prostitutes, which it described as
“trading in the body of a human being”, and added that a third party managing a prostitute
or prostitutes with their consent amounts to trafficking in human beings. The High Court
concluded that public abhorrence at this kind of exploitation permitted the state to limit
the individual rights of the third parties to freedom of trade, occupation and profession, by
regulating and prohibiting such practices.
[36]
The declaration of invalidity of the section dealing with sex for reward was referred to
18
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières