Offence of Sex for Rent

Debate between Peter Kyle and John Howell

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.