Team at Cornerstone Barristers hails change to CPS guidance on prosecution over ‘sex for rent’

Lawyers at Cornerstone Barristers have welcomed a decision by the Crown Prosecution Service to update its guidance to suggest that prosecutions for “sex for rent” are possible.

The move follows a campaign by Peter Kyle MP, assisted by a team at Cornerstone comprising Philip Kolvin QC, Tara O'Leary, Ruchi Parekh and John Fitzsimons.

In September 2018 the barristers provided legal advice to the MP concerning the phenomenon, whereby landlords offer free or discounted accommodation in return for sexual services.

The legal advice considered a range of matters including how other jurisdictions are tackling this issue and whether the practice could fall within the scope of the offence of causing or inciting prostitution for gain under Section 52 of the Sexual Offences Act 2003.

The Cornerstone advice considered that the practice did meet the definition under Section 52 and Kyle relied on this advice when the matter was debated in Parliament on 28 November 2018.

Since November, the Crown Prosecution Service has updated its guidance on Prostitution and Exploitation of Prostitution, accepting that the provision of accommodation in return for sex is capable of being caught by Section 52.

The guidance also provides specific examples as to what types of cases are most likely to be caught within the ambit of the legislation, such as where a homeless or otherwise vulnerable person is persuaded to enter into an arrangement.

Philip Kolvin QC said: "We are pleased to have advised Peter Kyle MP in relation to his campaign and to see this initial outcome. It is to be hoped that the CPS guidance provides impetus to police forces nationally to enforce the law, to help stamp out this despicable practice."