Rape Crisis Network adviser says sex for rent issue needs 'expert attention'

Caroline Counihan, a legal policy adviser with the Rape Crisis Network of Ireland, said: 'Abuse tends to hone in wherever there is any type of a vulnerability and that is abuse of power as much as of the person.'

“Proper and expert attention” needs to be used by the Government to establish how to tackle landlords pursuing tenants for sexual favours in return for accommodation.

That is according to Caroline Counihan, a legal policy adviser with the Rape Crisis Network of Ireland, following Monday’s report in the Irish Examiner with women who were offered accommodation for low or no rent in return for sex or bed sharing with the landlord.

In the UK, such practices are covered under prostitution legislation. However, Justice Minister Helen McEntee told the Dáil last week there was currently no legislation in Ireland to tackle the practice and advice is currently being sought by the government from the attorney general, Paul Gallagher.

Ms Counihan said currently in Ireland, the legislation governing the purchase of sexual services through the Criminal Law (Sexual Offences) Act 2017 could not be applied to such arrangements.

She said: “That is only if the other person is a prostitute. That is the word used in the legislation.” 

She added that as a result, the legislation does not cover situations where sex is used as a currency for rent because the would-be tenant is not a prostitute.

The legislation is currently the subject of a review by the Government.

Ms Counihan also queried whether sexual acts between a landlord and tenant could possibly fall under rape legislation.

Referring to cases where somebody has no other option but to move into a property where sex is expected by the landlord, she said: “If the sexual act does go ahead, how can you say there was consent that was freely and voluntarily given?” 

She continued: “The issue needs proper and expert attention and no doubt it will get that as part of Minister McEntee’s new national strategy on domestic, sexual and gender-based violence. In the strategy, there will be a focus on looking at what needs to be reformed on sexual offences.” 

She added: “Abuse tends to hone in wherever there is any type of a vulnerability and that is abuse of power as much as of the person.” 

Chair of the Oireachtas housing committee Steven Matthews raised the issue in the Dáil with Ms McEntee, referencing investigations by the Irish Examiner into the practice.

Branded such propositions as disgusting, he said: 

We did make emergency measures during Covid to protect tenants. This is another area where we need to protect tenants. I have no reason to believe that it should be a long, dragged-out process to do that.” 

"There is such pressure out there in terms of rental prices compared to mortgages. It is so disheartening and so soul-destroying for people to be stuck in that rental trap, and can’t put the money aside for a deposit. And for young vulnerable women to be targeted is disgusting.” 

Sinn Féin housing spokesman and committee member, Eoin Ó Broin, has forwarded Monday's report in the Irish Examiner to Ms McEntee and Housing Minister Darragh O’Brien. He has asked the ministers for an update on whether legislation is required to ban this practice on foot of advice received from the attorney general.

In Monday’s report, one woman told about moving out of rented accommodation in Waterford City after her landlord told her she could live there free in exchange for sex, on the night she moved in. He turned up at her workplace the following day.

Four female international students in their early 20s, who were looking for accommodation in Limerick City, were contacted by a man who offered them a room. However, they were told they would actually be sharing their would-be landlord’s bed.