Consent to sexual relationships
England, Wales and Nothern Ireland
In England and Wales and Northern Ireland the same laws apply to heterosexual and homosexual activity and offences can be committed by anyone, male or female, over the age of 10, which is the age of criminal responsibility.
It is an offence to intentionally engage in sexual touching with a young person aged 13, 14 or 15. ‘Touching’ covers all physical contact, including touching with any part of the body, with anything else and through anything, for example, through clothing. It includes penetration.
A person aged 18 or over is liable to up to 14 years imprisonment for this offence. A person under the age of 18 is liable to up to 5 years imprisonment. A person may claim in their defence that they believed the young person to be over 16.
Intentional sexual touching of a young person under 13 is an absolute offence. This means there can be no defence in such a case that it was believed the person was over 16. Sexual touching which involves penetration of the vagina, anus or mouth by the penis or penetration of the vagina or anus with a part of the body or any object is punishable by up to life imprisonment. Sexual touching not involving penetration is punishable by up to 14 years imprisonment.
Scotland
It is illegal for men and boys over the age of 8 (the age of criminal responsibility) to have intercourse with a young woman aged 13, 14 or 15. However, this is qualified by the defence that the man or boy believes himself to be validly married to the young woman (even if this is not the case). If he is 23 or under at the time of the offence and has not previously been charged with an offence of this kind he may also claim as a defence that he believed the young woman to be 16 or over. The maximum penalty is two years imprisonment.
It is an absolute offence for a man or boy aged 8 or over to have intercourse with a girl aged 12 or under. There can be no defence in such a case. The maximum penalty is life imprisonment.
Scottish common law treats sexual intercourse with a girl under the age of 12 as rape whether or not it was consensual.
A girl or woman could be charged with indecent assault if she had sexual intercourse with a boy under 14 as could anyone who took part in a sexual act short of intercourse with a girl under 12 or boy under 14. This is because Scots common law regards anyone under the age of puberty (legally defined as 12 for a girl and 14 for a boy) as unable to give consent. In addition, it is a statutory offence for anyone to behave in a lewd, indecent and libidinous manner towards girls under 16 regardless of consent.
Homosexual acts between men are legal provided that they are both 16 or over and the act takes place in private. There is no statutory defence which can be claimed but the court would assess the background to each individual case. The maximum penalty is two years imprisonment.
The only offences concerned with lesbianism are those of indecent assault or lewd behaviour. Therefore, provided both women consent and neither is under the age of consent, acts of lesbianism are legal.
Jersey
It is an offence for a man or boy aged over 10 to have sexual intercourse with a young woman aged 13, 14 or 15. It is a defence that at the time of the offence he believed the young woman to be over 16. The maximum penalty is five years imprisonment.
It is an absolute offence for a man or boy aged 10 or over to have intercourse with a girl aged 12 or under. This means there can be no defence in such a case. The maximum penalty is life imprisonment.
Women who have intercourse with boys under 16 can be charged with indecent assault. There is also no defence of consent to an indecent assault if a male or female victim is under 16.
Homosexual intercourse between men is legal provided both are over 16 and the act takes place in private.
The only offence concerned with lesbianism is that of indecent assault. Therefore, provided both women consent and neither is under the age of consent, acts of lesbianism are legal.
