Offence of Sex for Rent

Peter Kyle Excerpts

Wednesday 28th November 2018 Westminster Hall

[Peter Kyle (Hove) (Lab)]

I beg to move,

That this House has considered the offence of sex for rent.

It is an honour to serve for the first time under your chairmanship, Mr Pritchard. I am also grateful to the Minister for being here. I have known him for a number of years in different capacities, and I know this is a subject that he will have a great deal of interest in.

I am grateful to have been granted the debate, because it gives us the chance to highlight a pernicious, exploitative and pervasive phenomenon that too few people are aware of and too little is being done to tackle. The issue of sex for rent was brought to my attention by Lauren Moss, a BBC journalist. She showed me evidence that people were accepting accommodation from landlords in return for not money, but sex.

We do not have to look hard for the adverts. They are not hidden deep in secret corners of online platforms. In fact, one of the most surprising aspects of this is how open and explicit the adverts are, and how integrated they have become into the advertising landscape for accommodation. Some adverts simply imply what the landlord is expecting:

“Free accommodation for attractive female”.

Others are more explicit:

“You do not have to pay any rent for your stay with me in exchange for some mutual fun times together”.

Many go into much more detail about how much sex is involved:

“You agree sort of like a couple of times a week, pop into my room sort of thing, but as far as the apartment’s concerned, it’s like completely as if we’re flatmates. It’s all the bills, the rent, free.”

The majority of the ads are aimed at women, but I have also seen them targeting young men. Ads describe in detail the age, look and demeanour expected of the tenant, as well as the amount and type of sex that is expected. People moving to towns and cities such as Brighton and Hove, which I represent, are uniquely vulnerable to sex for rent exploitation. Two universities, a housing crisis and ubiquitous access to online platforms such as craigslist mean that some young people are led swiftly down a path toward exploitation.

For some, there is a veneer of harmlessness about it. Because this is such a new phenomenon, understanding the extent of exploitation is hard, but emerging evidence shows that it is a much larger problem than anyone first thought, and it is getting worse. Last year, the housing charity Shelter conducted a tenant survey that addressed the question of sex for rent for the first time and provided the first quantitative data. It asked the question, “Have you ever been offered ‘sex for rent’ while renting?” The estimated number of women affected by the arrangement was shocking. More than 100,000 women have been offered sex for rent in the last year alone, around 250,000 women have been offered sex for rent in the last five years and more than 300,000 women have been offered sex for rent in the time that they have been renting.

I raised this issue with the Ministry of Justice last year to get clarity about the law. The then Secretary of State, the right hon. Member for Aylesbury (Mr Lidington), wrote to me in July 2017 confirming that it was his belief that sex for rent fell foul of the Sexual Offences Act 2003 and carried a maximum prison sentence of seven years. I sought further clarification of the law, working with Queen’s counsel from Cornerstone Barristers, who offered the following opinion:

“We believe that the practice of ‘sex for rent’ meets the definition of the criminal offence of causing or inciting prostitution for gain. The Offence is established by Section 52 of the Sexual Offences Act 2003, which provides as follows: ‘(1) A person commits an offence if—(a) he intentionally causes or incites another person to become a prostitute in any part of the world, and (b) he does so for or in the expectation of gain for himself or a third person.’”

It is clear that the incitement to sex in return for accommodation is a criminal offence.

[John Howell (Henley) (Con)]

I praise the hon. Gentleman for rightly highlighting this disgusting activity. Does he have a feel for why this is increasing now?

[Peter Kyle]

The hon. Gentleman asks an important question. A little later in my speech, I will highlight the fact that we have a perfect storm in certain cities and towns in our country. The housing crisis and the high cost of accommodation, combined with access to online platforms and the fact that university towns draw young people in, have created a perfect storm for exploitation in this way.

As I say, it is clear that the incitement to sex in return for accommodation is a criminal offence. There is no question. The sex itself does not need to happen for the law to be broken. That prompts a very important question: considering there are hundreds of live adverts online right now, today, and many thousands have been placed in recent years, why, to the best of my knowledge, has there not been a single arrest, let alone conviction? It is likely that thousands of people, mostly young, in Britain have been victims of sexual exploitation, yet not one perpetrator has been brought to justice.

Seeing that this was no longer a matter just of clarifying the law but of enforcing it, I also contacted the Home Office last year. The then Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), took time to meet me on several occasions to discuss the matter and investigate ways forward. I am grateful to her for spending that time with me, and particularly for the effort she put in subsequently. It is my understanding that under her direction a work stream was established in the Home Office to look into ways of enforcing the law and bringing offenders to justice. However, to date there is no evidence of success. It is my hope that the new Home Secretary shares his predecessor’s concerns, but such matters must be judged on outcomes, and as this exploitation continues unabated, there is no ground for optimism yet.

I implore Ministers to look seriously at two distinct aspects of sex for rent. The first is bringing perpetrators to justice. There are hundreds of adverts online right now, clearly inciting people into the exchange of sex in return for services—there can be no doubt about that. The question is, why are those who place the advertisements not being locked up for it? Why are people left so exposed to exploitation, simply because the law enforcement agencies seem unable to adapt to the new trends in exploitation fast enough?

I realise that there are challenges. It seems that many people lured into these arrangements are middle class, emerging into adulthood, and they are exploring new freedoms, such as starting at university and moving to a new town. Thrown into that mix is an offer of free accommodation. The emotional impact and the price that they will pay for it may not be felt for years to come. It is unlikely that many victims would feel comfortable identifying themselves as prostitutes, which is how the law currently classes them, so most would be extremely unlikely to go through with a prosecution. Will the Minister consider a new legal definition for victims of sex for rent, in order to enable more victims to come forward? Ideally, the exchange should not take place at all.

I know the Minister personally places great emphasis on the prevention aspects of policing. Difficulties are posed when adverts are placed in areas covered by different police authorities from the areas where the offence is potentially taking place. Those are continual challenges for our policing across the UK. Can the Minister tell us which law enforcement agency is best placed to lead on this and when we can expect results? I am actively working with barristers from Cornerstone, who have generously given their time pro bono, to look into the possibility of a test case. That could provide a way forward to ignite a response from our law enforcement agencies, but it is not ideal. I would like to see our forces act first, and act fast.

Secondly, action must be taken against the websites hosting the adverts. Within a week of my first raising the issue, Gumtree, which had previously had such adverts on its website, came to see me in Parliament. It immediately instigated a policy to monitor and eradicate such adverts from its site, which has largely been successful. I know that Members from across the House will join me in thanking the company for taking such swift action to protect its own customers. Craigslist has chosen a different path. It has ignored my attempts at emailing, writing and calling. It has ignored the media outlets, such as the BBC, the Daily Mail, The Guardian and the Daily Mirror and, as far as I know, it has ignored the Home Office too. Not only is craigslist profiting from facilitating the sexual exploitation of young people, but it is treating our country and our Parliament with contempt.

I do not understand why craigslist is allowed to act like a pimp but is not treated like the pimp that it is. When police come across pimps in the streets, they act. They have the power to act and they know what to do with that power. However, because craigslist pimps via an online platform, we seem spellbound into inaction. Just because the pimps are sandal-wearing, cappuccino-swilling Californians does not mean that we should let them get away with it. Being allowed to trade and profit in our country is a privilege, and I do not see why, when that privilege is so blatantly abused and profit is made from sexual exploitation, we should stand idly by simply because tackling it is difficult.

We have a problem. It is a growing problem that will not go away. I look to the Government for decisive action to enforce the current law, to enhance the law to make it more accessible for victims of sex-for-rent, and to take action against craigslist, whose intransigence and amorality in the face of sexual exploitation should shame each and every one of its employees.

--- Later in debate ---

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a pleasure to serve under your chairmanship, Mr Pritchard, for what I am sure is the first time. You and I came into this place on the same day, and it is a great pleasure to see you in the Chair.

I hesitate to curtail a promising political career by describing the hon. Member for Hove (Peter Kyle) as a friend, but he and I go back a long way in his previous life. We have worked together extremely well over many years, and I have a great deal of respect for him personally and for how he, as others have said, has tirelessly led this campaign and shone a spotlight on something that is genuinely shocking. I thank all Members who have placed on the record some of the language used in some of these advertisements. It is striking how brazen it is. That is a real concern, because it is a sign of perceived normality, which is something we have to reject and counter vigorously, as the hon. Member for Strangford (Jim Shannon) said so powerfully, because of the cost and the damage that flow from it.

The hon. Member for Hove highlighted that sex for rent is part of a broader challenge for us as a society, which is that the internet in particular is enabling a whole set of activities that exploit the vulnerable in ways that are moving extremely fast and that are difficult to control. Anyone who visits the team working against child sexual exploitation inside the National Crime Agency will understand how fast the landscape is changing and the degree to which the internet enables the most pernicious activity and makes it extremely hard to detect and follow the villains.

I have learned a lot in the debate and I share the concern expressed by hon. Members. On the point made by the hon. Member for Bath (Wera Hobhouse), I would welcome further scrutiny by Parliament and by the media. As we know, those mechanisms help to focus minds, sharpen priorities and catalyse action. One thing we cannot do is let this become normal. In London, we are having to counter the profound challenge of the sense of normality around young people carrying knives, which is in a broadly similar space. We cannot let young people grow up feeling that this is normal behaviour, not least because it is against the law.

Let me place on record the Government’s specific position on the offence, rather than relying on ministerial correspondence. Offering accommodation in return for sex is illegal and those who do it can face up to seven years in prison. As the hon. Member for Hove said, in 2017 the previous Secretary of State for Justice confirmed that the practice is illegal by virtue of the Sexual Offences Act 2003. Under sections 52 to 54 of the Act, an offence is committed when a person offers accommodation in return for sex, as they are inciting another person to have sex with them in return for payment. Section 52 prohibits causing or inciting prostitution for gain, and section 53 prohibits controlling prostitution for gain. I should make it clear that we expect every report of this offence to be taken seriously.

It is also important to note that the acts of buying and selling sex are not in themselves illegal in England and Wales. However, there are many activities that can be associated with prostitution which are offences, including activities linked to exploitation.

[Peter Kyle]

The Minister suggests that any reported offences will be investigated and pursued, but does he accept that one problem is that many people entering into those relationships do not realise the exploitation that they are undergoing or where the law stands, and when they are made aware of it, they are reluctant to come forward because it would mean identifying themselves as a prostitute? Does he accept that we need to tackle the adverts and the people placing them? An offence is committed the second they place them, because that is incitement.

[Mr Hurd]

Yes. To be clear, the law applies equally online and offline. I will come on to the particular issue of websites. The hon. Gentleman also makes an important point, which should be part of the conversation with the social media companies, about education and information—not just about the law, but in terms of signposting avenues of support for extremely vulnerable people in this situation. We have to counter any suggestion that it is okay, normal or lawful.

To the hon. Gentleman’s point, which was also made by others, about why there have been no prosecutions even though we are clear about the law—I hope I have clarified the Government’s position on the letter of the law and our expectation that it will be enforced and that every report will be taken seriously—the honest truth is that we do not know how many prosecutions specifically relate to sex for rent. In 2016-17, there were 99 prosecutions for controlling prostitution compared with 100 the previous year, but at this point, our data does not provide the details about how many of those prosecutions relate to sex for rent, as opposed to any other controlling prostitution offence. I suspect that the number is very low.

Informed by this debate, I say to the hon. Gentleman that the policing of the matter is led by police forces, with a certain amount of flexibility as to how they apply the law. Obviously, their prioritisation is set by the local crime plan, which is set by the local police and crime commissioner. However, I undertake to the hon. Gentleman to engage directly with police chiefs and PCCs to get a better understanding of their understanding of the law and their approach to enforcing it. Some areas, such as the city he represents, will obviously have much higher levels of activity and risk than others.

We all understand that we are dealing with a landscape of lots of challenges and pressures on the police and the Crown Prosecution Service, but given the seriousness of the issue and our concerns, I undertake to engage with the police chiefs and PCCs to get their understanding and feedback on their interpretation—or rather the interpretation of the law—the priority they attach to it and some of the challenges they face in enforcing the law. The hon. Gentleman unpicking the underlying psychology and the difficulties that some victims of this crime will have in coming forward and collaborating with and contributing to a prosecution was particularly thoughtful and telling.

[Mr Hurd]

I understand the hon. Gentleman’s point, but the law is clear. The question mark is around how the law is being enforced and what difficulties or challenges our law enforcement community and the criminal justice system have. That is what I would like to understand better. My undertaking to the hon. Member for Hove is that I will go and ask those questions to get better information.

I would like to pick up the points the hon. Gentleman made about websites, technology and the online community. Obviously, we have to work closely with those digital technology companies, but it fits into a broader context where there has been movement. Whether it be the previous Home Secretary’s activity, which I observed directly, to challenge the social media companies on their hosting of terrorist propaganda, or what the current Home Secretary is doing to challenge the social media companies to take more responsibility for their content in relation to child sexual exploitation and serious violence, I can see that that is an ongoing and escalating conversation and a challenge to those enormously powerful companies. They were reluctant to engage with us at the start, because they are desperate to avoid taking responsibility for the content on their platforms, but gradually, month by month, year by year, we feel that we are beginning to make progress at last.

The hon. Gentleman compared and contrasted a couple of websites. He described the very quick, active and socially responsible response of Gumtree to his campaign and his correspondence, and contrasted that with the response of craigslist. Clearly, he has a prejudice against sandal-wearing, cappuccino-swilling Californians, which I urge him to put aside for a minute. [Laughter.] However, there seems to be an issue with craigslist regarding its willingness to engage on this issue. I can say that officials have been frustrated in that respect as well.

I put this issue in the context of the other issues where we have been persistent in challenging digital technology companies to wake up to their responsibilities. That is what we are talking about here, particularly if it involves them in some way enabling an illegal act. If they are doing that, they need to be challenged. Again, I give an undertaking to the hon. Gentleman that I will personally engage with Craigslist and discuss the matter directly with the Home Secretary, to see what pressure we can apply from the Home Office and the Government to make the leadership of that organisation engage with this issue in ways that up to this point they have absolutely failed to do. I suggest it will cause quite significant reputational damage for them in the future as awareness of this problem grows, both in this place and outside it.

[Peter Kyle]

I thank the Minister sincerely for the way that he has responded, particularly on Craigslist, but what will he do if the leadership of Craigslist do not engage with him? He says that he will engage with them, but the problem so far is that they will not engage back. When I explain this issue, a lot of people simply cannot understand why we can deal straight away with a brothel or criminal activity on their streets—we can close down buildings and we can move people on—but when such activity takes place online, we seem powerless. That is eroding faith in politics and faith in the ability of the Home Office and our Government to get a grip on a problem.

[Mr Hurd]

I accept the challenge. As a Government we are very clear that more needs to be done to tackle online harms. Following the consultation on our internet safety strategy Green Paper, we are committed to introducing further online safety legislation. A joint White Paper on online harms will be published this winter by the Home Office and the Department for Digital, Culture, Media and Sport, setting out a range of legislative and non-legislative measures to tackle online harms and setting clear responsibilities for technology companies to keep UK citizens safe.

We are considering the full range of possible solutions and the White Paper will address a wide range of harms, including those that are illegal as well as those that are harmful but not necessarily illegal, and we will develop an approach proportionate to the risks and harms involved. Meanwhile, as I have said, we will continue working to ensure that technology companies meet their responsibilities. We expect all platforms, including Craigslist, to have robust policies to remove any adverts promoting exploitation. In general, our approach is to convene, challenge, persuade, and then gradually to lift the big stick of regulation, as far as we can and where that is appropriate. We cannot afford to be complacent. I will engage with the senior leadership of Craigslist on behalf of Her Majesty’s Government and I will expect a response from them. If there is scrutiny from parliamentary Committees, I will expect similar respect to be shown to British parliamentarians, representing as we do British citizens, who are not least the company’s customers.

As the hon. the Member for Hove and other speakers said, although we are talking about the law and enforcement of the law, surely the key to this issue is, as always, prevention and tackling the root causes. The problem is clearly underpinned by the strata of very complicated big issues, such as financial resilience, including that of young people, income and wages, but also—critically—access to affordable housing.

This is not a housing debate but there is a huge amount of activity across Government to increase the supply of affordable housing. We have increased the size of the affordable homes programme, reintroduced social rent and lifted the housing revenue account borrowing cap for local authorities, and we are setting a long-term rent deal for councils and housing associations in England from 2020. We are also very clear that housing associations and local authorities now need to accelerate delivery and build more affordable homes. We know that takes a bit of time, which is why we are committed to making housing for rent more affordable now, including banning lettings fees paid by tenants and capping tenancy deposits. We have to tackle the root causes of this issue.

I will conclude today by making it very clear that the Government share Members’ concerns. The practice of advertising accommodation in return for sex is clearly and profoundly worrying. We are talking about a breach of the law. It is our duty to enforce the law and protect those who are vulnerable from exploitation. And as I have said, the Government will continue to engage with the police to better understand the extent of this practice. I have given some undertakings today, which I will certainly follow up on, and I reiterate my thanks to the hon. Member for Hove and all those who have taken part in this debate for raising awareness of an extremely important and growing issue.

[Peter Kyle]

I am extremely grateful to every Member who has taken part in today’s debate. We have shone light on the issue of sex for rent in some detail, not just specifically in the policy area but also geographically; I think we have the whole of the United Kingdom covered here today. This problem affects our entire country, with different parts of the country affected in different ways.

I thank the Minister for the open-hearted way in which he has engaged with the debate and for the commitments that he has given. I am not quite sure how he will respond to me, but I suspect—indeed, I hope—that it will be in writing, and perhaps we can follow up with a meeting. He has given a commitment to speak to chief constables and law enforcement agencies up and down the country, for which I am very grateful, so that we not only clarify the law and the response of our police forces to this issue but tackle in a strident manner—in any manner that will make a difference—Craigslist in particular.

If we can crack the Craigslist problem, I think that would restore a lot of people’s faith that we in this country can do whatever it takes to protect vulnerable people and that we are entirely on their side. At times like this, people too often feel that we are powerless in the face of global companies, and right now is the time when we should be asserting ourselves. I am therefore very grateful to the Minister and to every other Member who is here for participating in this debate, and I am particularly grateful to you, Mr Pritchard, for your chairmanship.

Question put and agreed to.

Resolved,

That this House has considered the offence of sex for rent.