The Law:
The legal age for young people to consent to have sex is 16. This applies to heterosexual and homosexual sex.
* Although it is technically illegal for two fifteen year olds to engage in sexual activity, the Home Office has stated “the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.”
* And young people still have the right to confidential advice on contraception, pregnancy and abortion even if they are under 16.
The government recently reformed and amended the law relating to child sexual abuse in the Sexual Offences Act of 2003. The offences are now split according to age.
Under 13s
All penetrative sex (including penetration of the mouth) of a child aged 12 or younger is classified as rape and carries a maximum penalty of life in prison. A child this old is considered to be incapable of legally giving consent.
* Other offences include assault by penetration (with an object or part of the body), sexual assault (any kind of sexual touching), and causing or inciting a child to engage in sexual activity (this could include making a child strip, or promising them rewards for sexual behaviour).
* Assault by penetration has a maximum penalty of life in prison; sexual assault and causing or inciting a child under 13 to engage in sexual activity both have maximum penalties of 14 years in prison.
13-15 Year Olds
The following are some examples of the offences where the offender is aged 18 or over (but where the sexual activity takes place between someone below the age of 18 and someone under 16, the offences are similar but carry lower sentences).
Sexual activity with a child
* This law covers all intercourse, other penetration or sexual touching of a child and carries a maximum sentence of 14 years in prison.
Causing or inciting a child to engage in sexual activity
* This covers causing or persuading a child to engage in any sexual activity, including sexual acts with someone else, or making a child strip or masturbate. Again, the maximum sentence is 14 years in prison.
Engaging in sexual activity in the presence of a child
* Under this law, it is an offence to intentionally engage in sexual activity when you know that you can be seen by a child, or you believe or intend that they can see you, and where you do this in order to get sexual gratification from the fact that they may be watching you.
Causing a child to watch a sexual act
* This makes it an offence to intentionally cause a child to watch someone else taking part in sexual activity for the purpose of your own sexual gratification.
Meeting a child following sexual grooming
* Under this new law, if you are over 18 and have communicated with a child under 16 at least twice (including communication by phone or internet) it is an offence to meet them, or travel to meet them, anywhere in the world with the intention of committing one of the offences above.
Arranging or facilitating a child sex offence
* This makes it an offence to knowingly arrange or carry out an action in any part of the world which will lead to one of the offences above being committed.
16 and 17 Year Olds
Since most sexual abuse of children takes place in the home, the law now makes it an offence for any child under 18 to engage in sexual activity with a ‘family member’.
* Family member now includes foster family, step family and, in some instances, lodgers.
Also, it is an offence for a person working in a position of trust (e.g. a teacher, Connexions Advisor, nurse or carer) to engage in sexual activity with any child under 18. In other cases that age limit would be 16.
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