What is the age of consent?
The age of consent refers to the age at which a person can legally have sex. In England, Scotland and Wales the age of consent is 16, no matter what your sexual orientation or gender identity is. ‘Sex’ means penetrative sex, oral sex or masturbating together.
Just because someone is over the age of consent, this does not mean that they automatically consent to sexual activity with another person.
What defines ‘consent’?
Consent is when all people participating in any kind of sexual activity, penetrative or otherwise, agree to take part by personal choice.
If you have agreed consent with an individual in the past who no longer agrees to take part in sexual activity with you, you must respect that decision. You must not force someone of any age to take part in sexual activity if they do not want to do so. This goes for people of all ages and at all stages of relationships.
If you are unsure of whether someone is ready or willing, ask.
Additional information around the age of consent
UK law states that anyone under the age of 13 can never legally give consent. Any instance of sexual activity with a child under 13 will always result in a referral to child protection services and should be a grave cause for concern.
There are also extra provisions in place for those aged under 18 but above the legal age of consent.
Each of the following is illegal:
- Taking, showing, possessing or distributing indecent photographs of a child
- Paying for or arranging the sexual services of a child
- For a person in a position of trust to engage in sexual activity with anyone under the age of 18 who is in the care of their organisation, such as teachers or care workers
Education should be provided to teenagers as they approach the age of consent, as well as when over the age of consent.
Consent as a whole should be understood by the whole of society and starting in school is the prime time to do so.
Convicted of sexual offences with a minor
Failure to adhere to the law and to respect the decision of another individual could lead to criminal allegations and if charged, they could be listed on the sex offenders register.
This could have a severe impact on someone’s life and career prospects.
Statutory Rape
When one or both of the parties engaging in sexual activity is below the age of consent, the older partner could be charged with statutory rape. This is because, for example, a 15-year-old cannot legally give consent to their 17-year-old partner. While the couple may not see it this way, in the eyes of the law, this is unlawful.
It is worth noting, however, that whether individual cases between sexual partners both under the age of 18 are prosecuted is a matter for the prosecution. They will have to decide whether it is in the public interest to charge a young person in line with the following considerations:
- the respective ages of the parties
- the existence and nature of any relationship
- their level of maturity
- whether any duty of care existed
- whether there was a serious element of exploitation.
Are you looking for support?
If you are a young person looking for advice about sexual health and wellbeing, you may wish to visit Brook. This service is tailored to young people with a huge range of educational information and guidance. They also have a glossary of other helpful resources and organisations that you may wish to explore.
On the other hand, if you or your child has been accused of sexual offences with a minor, regardless of the nature of their relationship, you may wish to consult our sexual abuse lawyers.
Call them on 0161 969 3131 or fill in out contact form and one of the team will be in touch.