Consent to sexual relationships

The following information deals with the different laws in England, Wales and Northern Ireland, Scotland and Jersey about 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

In Scotland the same laws apply to heterosexual and homosexual activity and offences can be committed by anyone, male or female, over the age of 8, which is the age of criminal responsibility. However the law prevents the prosecution in the criminal courts of anyone under the age of 12.  Where compulsory intervention is deemed necessary for children between the ages of 8 and 12 accused of an offence they can only be dealt with by the Children’s Hearing System. Where the accused is aged between 12 and 16 or is aged 16-17 and subject to a supervision requirement, he/she may be dealt with through the Children's Hearing System rather than the criminal courts.

It is an offence for anyone to penetrate the vagina or anus of someone under 13 with a penis or other object (including fingers) or to penetrate their mouth with a penis. It is also an offence to sexually touch a person under 13, to engage in any other form of sexual activity or to ejaculate semen, or emit urine or saliva onto a person under 13. These offences carry a maximum penalty of up to life imprisonment.

 It is an offence for anyone aged over 16 to penetrate the vagina or anus of someone aged 13-15 with a penis or other object (including fingers) or to penetrate their mouth with a penis. It is also an offence to sexually touch a person aged 13-15, to engage in any other form of sexual activity and to ejaculate semen, or emit urine or saliva onto a person aged 13-15 or cause them to take part in sexual activity.    These offences are punishable by up to 10 years imprisonment.

It is an offence for someone aged 13-15 to penetrate with his penis the vagina, anus or mouth of another young person aged 13-15. The other young person also commits an offence by agreeing to take part. It is also an offence for a 13-15 year old to touch the vagina, anus or penis of another person aged 13-15 with their mouth. These offences are punishable by up to 10 years imprisonment.

The law allows someone accused of an offence with a 13-15 year old, providing they have not been previously charged with a sexual offence with someone under 16, to claim in their defence that they believed the person was 16 or over. It is also a defence that at the time of the conduct concerned the difference between the accused and the young person did not exceed two years. This defence does not apply to any activity involving penile penetration of the vagina, anus or mouth or anal or oral sex.

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.