Helen McEntee (Meath East, Fine Gael) | Oireachtas source

The Deputy is essentially proposing that the definition of "sexual assault offence" would be expanded to include human trafficking offences where this offence is committed for purposes of sexual exploitation. While both are clearly apparent crimes and crimes that exploit vulnerable people and the prevention, detection and prosecution of both are a priority for all of us, there are very clear differences between this crime and sexual assault offences. For example, maybe the accused in each would go through a very different process as would the victim. For example, it might be necessary for a person who has been trafficked to give evidence at a trial in relation to his or her previous sexual experience because obviously that would set out exactly how he or she has been exploited and it might be vital in securing a conviction but for a person who is a victim of sexual assault or rape, obviously that is a very different process that a person would not be put through. That is just one example of how they are similar in nature and obviously both are apparent crimes but there is a different process that would be gone through where a person who is accused of sexual exploitation through human trafficking, as opposed to someone who is accused of rape or sexual assault. Confusing and blurring the lines between the two potentially leaves us open to legal challenge. As I have said, at a later date I will be taking out sections where we had moved to put rape on a statutory footing but because of the potential implications for sexual assault, we are working that through separate legislation. Perhaps there is a role for this to be discussed at that stage but generally, as it is proposed they are two very different offences which I think should be kept separate because of that.

Also, in the context of this particular discussion, I wish to advise the committee that I intend to bring forward amendments on Report Stage to criminalise sex for rent. We are still working on getting the amendments right but I wish to highlight that this will be coming in, in this particular section.