Sex - The Law
Why are there laws about sex?
To protect young people's safety and rights and make it easier to prosecute people who pressurise or force other people into having sex. Forcing somebody to have sex is a crime.
What does 'legal age of consent' mean?
The age at which a person can legally have sex.
So, what is the legal age of consent?
The legal age of consent for sex between a man and a woman, two men ("anal" or "gay" sex), or two women ("lesbian sex") is:
- 16 in England, Wales and Scotland
- 17 in Northern Ireland
What happens if somebody has sex before the legal age of consent?
Any sexual activity between people under 16 is illegal. Therefore, it is a criminal offence to have 'underage sex'.
In May 2004, a new Sexual Offences Act was passed. Under the new Act:
- If a person (male or female) aged over 10 has any form of sexual activity with a person (male or female) under the age of 13, the person committing the offence could face life imprisonment
- If a person (male or female) aged over 18 has sex with a person (male or female) aged 13-15, they could face up to 14 years in prison
- If a person (male or female) aged under 18 has sex with a person (male or female) aged 13-15, they could face up to 5 years in prison
- Although illegal, consensual sexual activity between two under 16s, of a similar age, will not usually end in prosecution (unless bullying, abuse or exploitation are involved).
When you're over the legal age of consent, is it okay to have sex?
When you are 16 (17 in Northern Ireland) it is legal for you to have sex with somebody, except someone who is in a 'position of trust' over you (e.g. your teacher, doctor, carer).
However, it is important to remember that just because sex is legal, doesn't mean that you have to have sex. You should only have sex when you feel ready, and when you know all about contraception.
Contacts
The contacts database contains details of organisations that may be able to offer information or assistance on this issue.
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