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Why is a 16 year old still legally a child but they can consent to sex?

90 replies

Anonymouse2019 · 10/06/2024 06:09

Serious question.

Also, a person needs to be 17 to drive, 18 to buy alcohol, but at 16, they can consent to sex? Are these things an issue for parents when raising teens?

My kids are still young but I worry about what their youths will be like with inconsistencies like these.

OP posts:
DracoDormiensNumquamTittilandum · 10/06/2024 06:12

I guess because it's about the difference between being old enough to give informed consent to something that happens to you (sex) and being old enough to be competent to do something that affects others (driving, voting, fighting a war) and something potentially harmful (alcohol, smoking)
they are all slightly different and the parameters of consent are slightly different.

HermioneWeasley · 10/06/2024 06:12

Do you not remember being 16? I was so horny I couldn’t think straight. I was definitely able to consent to respectful, exploratory sex with a peer. I think there might be something (no idea how you legislate for it though) about age gaps - like it only being legal to have sex with another 16-18 year old?

PurBal · 10/06/2024 06:14

Horny teenagers will have sex, keeping it legal means they can freely access contraception and sexual health services.

These inconsistencies have been around for years. So not sure it would make more of a difference to kids of today than kids of the past.

LemonCitron · 10/06/2024 06:24

I have teens age 14, 16 and 18 so I'm right in the middle of this. I don't think they find it confusing or inconsistent - they just accept it for how it is. Most teens have a drink before age 18, they just can't buy one in a pub (unless they use fake ID). Some have sex before 16, others don't. The driving one is a hard line obviously!

I'm sure others may disagree, but in my personal experience teens are not having sex younger than my generation did.

PinkDaffodil2 · 10/06/2024 06:27

16 year olds can ride mopeds, 17 year olds cars, and they probably can’t get insured on powerful cars until they’re older.
Chikdren can legally the alcohol at home from 5 years, have a drink in a pub with a meal from 14, but not buy alcohol alone until they’re older.
13 year olds legally can consent to sex, but it’s still illegal to have sex with some under 16 and there are further safeguards when adults in positions of responsibility are involved.
I think most teenagers recognise they don’t magically turn from a child to an adult overnight, and a gradual approach to the freedoms / privileges / risks of adulthood is very sensible.

Jonisaysitbest · 10/06/2024 06:38

I find it annoying how teens become "adults" at about 15 when it comes to paying for train fairs, admission to places, hotel rooms etc etc!

YellowHairband · 10/06/2024 06:45

I worry about what their youths will be like with inconsistencies

Weren't the inconsistencies there when you were a teenager? Did it bother you?

VerbenaGirl · 10/06/2024 06:53

They are not inconsistencies so much as stepping stones from childhood to adulthood. Really never an issue with my teens. In fact, probably better to have them spread out a bit so it doesn’t all land on them all at once.

Miriad · 10/06/2024 06:58

These inconsistencies were the same when I was a teenager. I think it results in sexual abuse of young people because it’s not technically illegal. Firstly the young person themselves thinks it must be ok because they’re legal, so they consent, whereas if the age was 18 they might be more inclined to avoid it or report it. Secondly the abuser thinks they can get away with it because it’s legal (and they can).

I’m on a youth committee and an adult volunteer coerced a 16yo into sexual activity, which they later felt traumatised by and reported. Our hands were tied because it was legal.

And I don’t think it’s fair to say that alcohol can cause more damage than sexual abuse so it warrants a higher age limit. Inappropriate sex and abuse can be incredibly damaging.

StarlightLady · 10/06/2024 07:08

The age of consent, which in the UK is one of the highest in the modern world, varies in different countries across the world and goes beyond sex.

It is the age that the law has decided an adult is almost adult enough to consent to things about their body. This includes giving consent to having an operation or medical procedure and having certain body piercings. In addition they can leave home, open a bank account without parental consent and take on employment.

In addition, in Belgium you can vote at 16 and in Greece you have to vote on or after the year of your 17th birthday (compulsory voting).

CroftonWillow · 10/06/2024 07:11

We're fully developed physically before we are mentally.

Miriad · 10/06/2024 07:15

CroftonWillow · 10/06/2024 07:11

We're fully developed physically before we are mentally.

Yes I agree. Kids have to stay at school till 18 now so the legal limit for everything should be 18. At the very least, kids should be restricted from having sexual partners over the age of 21 until they’re 21 themselves (to prevent abuse).

StarlightLady · 10/06/2024 07:21

Miriad · 10/06/2024 07:15

Yes I agree. Kids have to stay at school till 18 now so the legal limit for everything should be 18. At the very least, kids should be restricted from having sexual partners over the age of 21 until they’re 21 themselves (to prevent abuse).

How does this work with a 20 and 21 year old who have been together since they were 16?

What about consenting to medical procedures?

mitogoshi · 10/06/2024 07:23

Some 16 year olds are working nearly full time, those doing apprenticeships can be working 4 days a week typically.

Unfairr · 10/06/2024 07:27

I don't see an issue with 16 year olds having consensual sex with 18 year olds, but I don't like how it's legal for a 16 year old in Year 11 to have sex with a person in their 20s or even older. 16 and 21 doesn't sound like a big age gap, but developmentally it is eg 21 and 26 is the same age gap but is fine.

Miriad · 10/06/2024 07:31

StarlightLady · 10/06/2024 07:21

How does this work with a 20 and 21 year old who have been together since they were 16?

What about consenting to medical procedures?

Just make it so if you’re under 21 you can’t have sex or sexual activity with anyone who is more than 5 years older than you. It’s a fairly straight forward solution to keep older groomers away from under 21s.

SpringerFall · 10/06/2024 07:33

16 is old enough to have sex legally but how many could totally independently raise a baby with no help from grandparents of the baby?

MetOffice · 10/06/2024 07:35

Try looking at the age of consent in other countries if you really want a shock. In many European countries it is 14. In some places it is 12!

BarHumbugs · 10/06/2024 07:36

Because powerful people in this country want to be able to legally have sex with children...? I think the age of consent should be 18 with a few caveats about the age difference between consenting minors.

There was a tread the other day about page 3 and 16 year olds on page 3 which most are disgusted was ever a thing, but today, unless you're in a position of authority over a 16 year old, you can legally have sex with them. How revolting is that?

Sarah2891 · 10/06/2024 07:38

The laws are silly. It's legal for anybody to have sex with a 16 year old but it's classed as child abuse images to take a sexual photo of a 16 year old.
I think it should all be 18.

Singleandproud · 10/06/2024 07:44

In America in some states you can get married at 13 (plenty of child marriage still going on in some states), drive at 14 (common in rural states so farm children can get around and help on the farm), own a gun at 14 and not drink until 21. So that is a little more inconsistent and of course is different across the states so you may move from one state to another and gain/lose privileges to do such things.

I think the UK has the age limit on most things pretty right.

Sunnyandsilly · 10/06/2024 07:45

They aren’t a child they are a minor. However I do agree with you, however 16 year olds will have sex and you can’t be arresting them all.

StarlightLady · 10/06/2024 07:46

Miriad · 10/06/2024 07:31

Just make it so if you’re under 21 you can’t have sex or sexual activity with anyone who is more than 5 years older than you. It’s a fairly straight forward solution to keep older groomers away from under 21s.

It is not straightforward when you consider the wording that would be required and the interpretation of the law which would be a matter for the courts, not the legislators.

There is little chance that robust legislation could be written that could be enshrined in law. There are too many complications. For example those currently in relationships, restrictions on certain adults such as those in legitimate older/younger relationships etc. Remember a 19 year old can marry a 30 year old. Often it is the male partner who is younger.

I agree grooming is a worry, but if it were that simple it would already have happened.

StarlightLady · 10/06/2024 07:50

I’m in my 40s now, UK born but brought up in France, due to dad’s job. I often visited family in the UK. As a teen the age of consent varied as I crossed the channel and back.

Marblessolveeverything · 10/06/2024 07:50

Because you are comparing completely different permissions. Why do you think a 16 year old should have their body autonomy removed? To fit a particular religion belief? To fit a particular so called moral belief - it's control that isn't practical nor appropriate.

Those saying move the age to 18 or 21, why on earth do you want a say in a person who is hormonally and biologically primed to reproduce right to have sex.

I as did many of my peers have sex at 16 or younger, exactly how are you planning on implementing and controlling an adult? Hilarious 😆