Sex should be about respect and trust, and loving someone enough to want to be physically close to them; however, in the wrong situation it can also be about power, disrespect, violence and abuse. For this, and other cultural reasons, most countries have laws that control who can have sex, how and when.
What does 'age of consent' mean?
The age of consent is the term used to refer to the age at which you can legally have sex. The age of consent differs for each country.
There are two main areas where age is particularly relevant to sexual heath:
- Age of consent for sexual activity
- Age of legal capacity for medical treatment
Age of consent for sexual activity & Men and Boys
It is an offence for a boy or a man to have sexual intercourse with a girl who is under 16, even if she agrees to it; and it is the boy or man that could face prosecution. Any boy aged 8 or over can be prosecuted for having sex with a girl aged 16 or under.
The only time the man or boy might not be found guilty is if he is under 24, can also show he genuinely believed the girl was 16 or older, and he has never been charged with the same offence before. Also there is a defence if the man thought that the girl was his wife. This could apply if you married in another country where they recognise marriages below the age of 16.
If two young people under 16 (but the girl over 12) agree to have sex within an emotional relationship, it is not always the case that the boy would definitely be prosecuted, but it is a risk. If so, then the boy could be listed on the sex offender register alongside paedophiles.
Women and girls
A girl must be 16 before she can legally have sex. Unlike boys, girls cannot be prosecuted for having sex under the age of 16.
A woman can be prosecuted for indecent assault if she has sex with a boy under 16, but this might depend on the age difference (it is unlikely for example that a 17 year old woman would face any prosecution for consensual sex with a 15 year old boy).
Gay men and Lesbians
It is an offence for men to have sex unless they are both 16 or over, it is consensual and in private.
There are no specific laws about consensual lesbian sex. If there is a duty of care involved then there might be a case brought under the concept of Ňabsence of trustÓ, which is explained more in the section on Physical Sexual Offences.
Group Sex
The law permits consensual group sex in private.
Age of legal capacity
Anyone can go and see a doctor or nurse, and they can expect the visit to be confidential even if they are under 16.
As far as any treatment goes, if someone under 16 can show the doctor or nurse that they are capable of understanding the full nature and possible consequences of the procedure or treatment, then they have legal capacity to consent. If the doctor or nurse is satisfied this is the case, they can go through with the treatment without having to get permission from their parent or guardian. (This also applies if a young person wants to withhold consent to another form of medical treatment.) If the doctor or nurse does not feel that the person under 16 has enough understanding of the treatment or procedure then parental/guardian consent will needed.
Links
Scottish Child Law Centre: www.sclc.org.uk
