Sex and the law
75% of young people do not have sex under the age of 16
| In England and Wales the same laws apply to heterosexual and homosexual sexual activity. Offences can be committed by anyone, male or female, over the age of 10, which is the age a young person accepts criminal responsibility. It is Illegal in England for young men and women to have sex under the age 16. This applies to sexual relationships between young men and women and between young people of the same sex. It is an offence to intentionally engage in sexual touching with a young person aged 13, 14 or 15. ‘Touching’ covers all physical contact, including touching with any part of the body, with anything else and through anything, for example, through clothing. It includes penetration.You need to be aware that prosecutions for having sex under the age of 16 are possible. If a report is made to the police, the police will investigate to establish the sexual relationship between the young people concerned. |
|
As long as both people understand their actions and are accessing appropriate support, have both consented and there is no evidence of exploitation or a large age difference the young people may not be charged.
Each case is treated individually which means you are at risk of prosecution.
Young people also have the right to say no to sex or any other behaviour that makes them uncomfortable. Abuse can be emotional, physical or sexual. Abuse can also take the form of neglect. It can happen in different types of relationships and is to do with power. Abuse of any kind in any relationship is never the fault of the person being abused.
A person aged 18 or over is liable to up to 14 years imprisonment for sexual offences. A person under the age of 18 is liable to up to five years imprisonment. A person may claim in their defence that they believed the young person to be over 16.
Under 13
Intentional sexual touching of a young person under 13 is an absolute offence and is classified as 'statutory rape'. This means there can be no defence in such a case that it was believed the person was over 16. Sexual touching which involves penetration of the vagina, anus or mouth by the penis or penetration of the vagina or anus with a part of the body or any object is punishable by up to life imprisonment.
Sexual touching not involving penetration is punishable by up to 14 years imprisonment.
It is not illegal to ask for advice and help about sex if you are under 16. This can be advice about sexuality, contraception or just how sex works. It's not illegal to be given contraception by a doctor or family planning clinic, but they must be sure that you understand the issues surrounding sex and contraception.
Sex in public is illegal. Whether it’s in an enclosed space like a toilet or open space like parks, if it’s a public place where passers-by may be offended, then it’s illegal.