Closed consultation

Exchange of sexual relations for accommodation (‘sex for rent’): call for evidence (accessible)

Published 21 April 2023

This call for evidence begins on 21 April 2023 and ends at 11:59pm on 30 June 2023.

The call for evidence is open to those aged 16 and above.

A paper summarising the responses to this call for evidence will be published on GOV.UK in due course.

Ministerial foreword

As Home Secretary, the safety of the British people is my top priority. Tackling violence against women and girls is one of my key priorities. These sickening crimes have no place in our society, and I am determined to see more perpetrators brought to justice and all victims and survivors receiving appropriate support.

The exploitation and abuse that can occur through ‘sex for rent’ arrangements has no place in our society. In the cross-government Tackling Violence Against Women and Girls Strategy, we acknowledged the concerns about abuses of the landlord-tenant relationship, and we committed to work across government and with our partners in policing to better understand the effectiveness of the existing offences in tackling these abusive practices.

We have already taken several important steps in this area, including introducing banning orders to better protect tenants from rogue landlords who have been convicted of certain criminal offences and working with the College of Policing to include sex for rent in their violence against women and girls toolkit to assist officers considering sex for rent allegations. We have also provided funding for crucial frontline services and support organisations such as Changing Lives who are working to address the current gaps in evidence about what is a hidden practice and improving support for vulnerable people.

We are determined to act on the points that were raised in the passage of the Police, Crime, Sentencing and Courts (PCSC) Act 2022 about this practice, where Parliament echoed my concerns about it.

This call for to make sure that we are doing all we can to pursue perpetrators and support victims. It is an area that is largely hidden with little reliable data.

The call for evidence seeks the views of those that have been directly engaged in a sex for rent arrangement, whether they engaged in it in an informed and consensual way or whether they were deceived, coerced or compelled into it. It also seeks the views of statutory agencies, law enforcement, the violence against women and girls sector and internet companies that allow the posting of advertisements for accommodation.

Violence against women and girls is still all too prevalent and, directly or indirectly, it affects us all. It is essential that we put in place practical solutions which make a real difference to people’s lives. That is what the victims of these terrible crimes deserve, and that is what we must deliver. By responding to this call for evidence, you can make your voice heard and play a part in helping us achieve that.

The Rt Hon Suella Braverman KC MP

Home Secretary

The purpose of this call for evidence

The aim of this call for evidence is to enable us to understand the nature of the issue of sex for rent and the views of people that may be involved in any type of sex for rent arrangement, law enforcement; relevant statutory agencies and support service providers.

We particularly want to hear about:

• sex for rent arrangements, including how they are facilitated and what they involve
• the impact of such arrangements on those involved, particularly the person providing sexual relations
• the reasons why those who may be victims of crime do not report
• the range of existing support for people who are being exploited or harmed through a sex for rent arrangement
• whether existing measures to prevent or detect these crimes are effective
• whether the support available to affected people is effective

We are also using this call for evidence to seek a range of views about the existing criminal offences in the Sexual Offences Act 2003 and whether there is a case for change to the criminal law. Although the section 52 and 53 offences may apply to sex for rent, these offences were not originally designed to address this type of behaviour.

The call for evidence responses will also be useful to inform policy making on the issue of sex for rent and the consideration of non-legislative measures.

We are keen to hear from the following groups through this call for evidence:

• people who have been involved in a sex for rent arrangement, both those that have provided accommodation and those providing sexual relations (whether they consider themselves to be a victim of sexual exploitation or not), who may exchange sexual services for accommodation without overt persuasion, deception or coercion
• organisations that work with sex workers
• law enforcement organisations such as the police and organisations associated with policing
• civil society organisations that provide support to victims of crime types associated with sex for rent such as rape and sexual assault or other violence against women and girls crimes
• statutory agencies and non-statutory organisations in the areas of housing, health, education and social services
• adult services websites and internet companies that provide spaces for the advertising of accommodation, such as classified ads websites

We refer in this document to sex for rent, as it is a commonly recognised term. However, that term can imply any situation by which sexual relations were exchanged in return for accommodation.

Context

‘Sex for rent’ is an arrangement where someone providing accommodation offers or provides that accommodation for free or at a discount in exchange for sexual relations from the person using the accommodation. Sex for rent is connected to the area of prostitution and sex work, although we acknowledge that many people who find themselves in a sex for rent arrangement will not consider themselves to be sex workers.

In 2016, the Home Affairs Select Committee undertook an inquiry into prostitution. In response to the recommendations, the Home Office commissioned research from Bristol University to look at the prevalence and nature of sex work and prostitution in England and Wales. The prevailing message in the research was the complexity of prostitution and sex work. The research was unable to identify a single prevalence estimate given the hidden nature of prostitution and sex work and the fact that people move in and out of them relatively frequently.

By extension, it is difficult to estimate how widespread the issue of sex for rent is, but the government’s position is clear. We must focus on the harm and exploitation that can be associated with these issues and ensure that the people who want to leave should be given every opportunity to find routes out.

Tackling sexual exploitation and sexual violence are priorities for the government. That is why in June 2021, we published our End-to-End Rape Review and outlined a programme of work to improve the criminal justice system’s response to rape. It is also why in July 2021, we published our cross-government Tackling Violence Against Women and Girls Strategy, and in March 2022 our Tackling Domestic Abuse Plan.

These aim to deliver wholesale changes in society’s response to violence against women and girls, through pursuing perpetrators, supporting victims, prioritising prevention and strengthening the underlying system.

In the cross-government Tackling Violence Against Women and Girls Strategy, we acknowledged the concerns about such abuses of the landlord-tenant relationship, and we committed to work across government and with our partners in policing to better understand the effectiveness of the existing offences in tackling these abusive practices.

Concerns about this issue have grown in recent years, with increased interest from the public, Parliament, and the media. In 2021 and early 2022, significant concerns about it were during the passage of the Police, Crime, Sentencing and Courts Act 2022. The government’s position is that the offences in sections 52 and 53 of the Sexual Offences Act 2003 are adequate to capture those seeking to explore or abuse others through sex for rent. In January 2021, the first successful prosecution of a landlord seeking to establish a sex for rent arrangement took place using those offences.

The Online Safety Bill includes sections 52 and 53 of the Sexual Offences Act 2003 in a list of priority offences that internet companies will need to take proactive steps to tackle. The Bill will capture user-to-user sites, where the majority of sex for rent advertising takes place.

The Online Safety Bill includes sections 52 and 53 of the Sexual Offences Act 2003 in a list of priority offences that internet companies will need to take proactive steps to tackle. The Bill will capture user-to-user sites, where the majority of sex for rent advertising takes place.

Terminology

Violence against women and girls is an umbrella term which encompasses crimes that disproportionately – although by no means exclusively – affect women and girls. Crimes and behaviours covered by this term include rape and other sexual offences, domestic abuse, stalking, ‘honour’-based abuse (including female genital mutilation, forced marriage, and ‘honour’ killings), as well as many others, including offences committed online.

While we use the term ‘violence against women and girls’, this always refers to all victims of any of these offences. We recognise that men can also be victims of these crimes and that men may also engage in sex for rent arrangements on either side of the exchange.

This call for evidence invites responses from all those with an interest in this issue, regardless of sex.

Relevant offences

There are existing offences in place which can be used to address sex for rent. The two most relevant criminal offences are sections 52 and 53 of the Sexual Offences Act 2003. ^{[footnote 1]}

Section 52 of the Sexual Offences Act 2003 makes it a crime for a person to cause or incite another person into prostitution for the first person’s or a third party’s gain. ‘Gain’ includes any financial advantage, including the removal of an obligation to pay or the provision of goods or services (including sexual services) for free or at a discount. To be a crime, the person doing the inciting or causing must actually want the prostitution take place. If it does take place, it must take place on the express or implied authority of that person.

This offence really aims to criminalise people who cause prostitution by fraud or persuasion. ^{[footnote 2]}

The practice of offering sex for rent (inciting or causing someone to discharge their obligation to pay rent by providing sexual services), could be caught by this offence where the victim is an identifiable person who is not already a sex worker. In 2021 an individual was convicted under this offence for inciting another person into a sex for rent arrangement.

Section 53 of the Sexual Offences Act 2003 makes it a crime for one person to control intentionally another person’s prostitution for the first person’s or a third party’s gain in any part of the world.

To be a crime, there must be an element of control, which may be based on coercion, force and compulsion among other factors. A crime may have taken place even where a victim has acted in accordance with their own free will.

A person found guilty of these offences can face up to seven years in prison. Anyone that reports a crime under either of these offences is guaranteed anonymity by the Sexual Offences (Amendment) Act 1992.

Other criminal offences can – again, depending on the particular circumstances of the case – be used to tackle sex for rent, for example:

• Under section 1 of the Modern Slavery Act 2015, a person commits an offence if the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude. Sex for rent could be covered here in circumstances where the victim has no choice but to accept the sex for rent arrangement, and as a result is held in slavery or servitude.
• Under section 2 of the Modern Slavery Act 2015, a person commits an offence if the person arranges or facilitates the travel of another person with a view to that person being exploited. Sex for rent could be covered here in circumstances where an offender facilitates the travel of another, in order to facilitate sex for rent, in circumstances where sex for rent equates to sexual exploitation; and
• Section 3 sets out the definition of exploitation for the purpose of section 2. ^{[footnote 3]} Under section 3 of the Modern Slavery Act 2015 describes a person as exploited only if one or more of the following apply in relation to the person: slavery, servitude and forced or compulsory labour; sexual exploitation; removal of organs; securing services by force, threats or deception; securing services from children and vulnerable persons.
• Under section 4 of the Modern Slavery Act 2015, a person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).

How to respond

Online

Or you can print the pdf document and return it by post to the address below:

Sex for rent call for evidence
Tackling Exploitation and Abuse Directorate
Interpersonal Abuse Unit
2 Marsham Street
London
SW1P

Or by email to:sexforrentcallforevidence@homeoffice.gov.uk

Guidance on personal information

We are inviting people to share their personal experiences in this survey. We are grateful for anything you feel able to share.

However, we would like to ask you not to share any information that may identify you or another person. This includes information that may directly identify people such as your or their names and addresses. It also includes information that may allow people to be indirectly identified, such as descriptions of where they live or spend their time, what they do for work, their educational and health histories.

This is not an exhaustive list; please review your contribution and use your judgement to determine whether it contains identifying information.

Confidentiality

Information provided in response to this call for evidence, including personal information, may be published, or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA), the UK General Data Protection Regulation (GDPR) and the Environmental Information Regulations 2004).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Home Office.

The Home Office will process your personal data in accordance with the DPA and in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Call for evidence principles

The principles that government departments and other public bodies should adopt for engaging stakeholders when developing policy and legislation are set out in the call for evidence principles.

Guidance for those who have experienced sex for rent or related issues

We are inviting people to share their experiences of sex for rent. This survey allows you to do so, but we recognise that completing it may be upsetting and / or distressing. All of the questions are optional, and you can choose not to respond to any of them or end the survey at any time.

We greatly appreciate you taking the time to respond with whatever you feel able to share.

The survey is anonymous and no-one else will know you participated other than the person supporting you to complete it if you are being supported to complete it.

The evidence gathered through this exercise will only be used to inform government policy. It is not a route for the disclosure of criminal allegations or safeguarding risks. Any disclosure of criminal allegations or safeguarding risks will not be actioned.

If you need to report a crime and it is an emergency, please call 999 and ask for the police. In a non-emergency situation, you should contact your local police station by phone, calling 101, or going to the nearest police station with a front desk.

If you have been affected by any of the issues raised in this call for evidence (or more broadly) and require help or support, information about available services for those affected by violence against women and girls crimes is available here: How to get support. If you are in immediate danger or want to report a crime, call 999 and ask for the police.

Contact us

If you have any complaints or comments about the call for evidence or would like to view this consultation in Welsh or British Sign Language please email: sexforrentcallforevidence@homeoffice.gov.uk

Or write to us at:

Sex for rent call for evidence
Tackling Exploitation and Abuse Directorate
Interpersonal Abuse Unit
2 Marsham Street
London
SW1P

Copyright

© Crown copyright 2023

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3

Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned.

Any enquiries regarding this publication should be sent to us at sexforrentcallforevidence@homeoffice.gov.uk.

Footnotes

1. Depending on the circumstances of the case, charges for other sexual offences may also be available to reflect the absence of ‘free’ consent. This includes sexual assault and even in the most serious cases, rape, but we do not go into detail about these offences here. ↩

2. You can read more about the section 52 and section 53 offences on the Crown Prosecution Service’s website Prostitution and Exploitation of Prostitution ↩

3. This is not an offence. ↩