FPA Factsheet
THE AGE OF CONSENT FOR SEX
ENGLAND AND WALES
(extracts relating to children age 13-16)
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of the gender or sexual orientation of a person and whether the sexual activity is between people of the same or different gender.
It is an offence for anyone to have any sexual activity with a person under the age of 16. However, Home Office guidance is clear that there is no intention to prosecute teenagers under the age of 16 where both mutually agree and where they are of a similar age.
SCOTLAND
The age of consent to any form of sexual activity is 16 for both men and women, so that any sexual activity between an adult and someone under 16 is a criminal offence. The age of consent is the same regardless of gender or sexual orientation.
There are possible defences if the sexual activity does not involve penetrative or oral sex. These are if the older person believed the young person to be aged 16 or over and they have not previously been charged with a similar offence, or the age difference is less than two years.
Sexual intercourse (vaginal, anal) and oral sex between young people aged 13–15 are also offences, even if both partners consent. A possible defence could be that one of the partners believed the other to be aged 16 or over.
Guidance from the Scottish Government acknowledges that not every case of sexual activity in under-16s will have child protection concerns, but young people may still be in need of support in relation to their sexual development and relationships
NORTHERN IRELAND
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of gender or sexual orientation.
The Sexual Offences (Northern Ireland) Order 2008 introduced a series of laws to protect children under 16 from abuse. However, 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.
Specific laws protect children under 13, who cannot legally give their consent to any form of sexual activity. There is a maximum sentence of life imprisonment for rape and assault by penetration. There is no defence of mistaken belief about the age of the child, as there is in cases involving 13–15 year olds."
www.fpa.org.uk/factsheets/law-on-sex#