What is the legality of this ?

[cherrytreeblossom]

A 16 yo boy and a 15 yo girl, in same year at school, in a relationship, have sex.

Has the 16 yo committed a crime ?

If it's consensual-no

Actually yes but prosecution wouldn't be sought as not in the public's interest

To quote 'It is a criminal offence for anyone who is 16 or older to have any kind of sexual contact with someone aged 13, 14 or 15'

Guidance from Law Lords to CPS (at the time the 2003 act was drafted) states that:

The law is not to be used to bring a prosecution where the activity takes place between young people of similar age and level of maturity, is fully consensual on the part of both parties, and there is no coercion or other aggravating circumstances.

(I may not have the wording completely accurate - I'm writing from memory - but that's the gist of it.)

So we have the interesting situation whereby someone can consent under the age of consent - but not if they are under 13. (That's totally illegal. An absolute offence.)

Since a 15-year-old would almost certainly be considered Gillick Competent and could consent to medical treatment, it's not unreasonable they should be able to consent to sex, but it seems a bit weird to draft a law that requires a stipulation as to when it shouldn't be used!

But it might be worth pointing out the bit about coercion, etc...