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The age of consent in [[England and Wales]] is 16 regardless of sexual orientation or gender, as specified by the [[Sexual Offences Act 2003]].<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb5-l1g9 |title=Sexual Offences Act 2003 s. 9 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref><ref>{{cite web|url=https://www.bbc.co.uk/radio1/advice/factfile_az/age_of_consent|title=Age of Consent according to BBC|publisher=bbc.co.uk|access-date=21 August 2012}}</ref> |
The age of consent in [[England and Wales]] is 16 regardless of sexual orientation or gender, as specified by the [[Sexual Offences Act 2003]].<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb5-l1g9 |title=Sexual Offences Act 2003 s. 9 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref><ref>{{cite web|url=https://www.bbc.co.uk/radio1/advice/factfile_az/age_of_consent|title=Age of Consent according to BBC|publisher=bbc.co.uk|access-date=21 August 2012}}</ref> |
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The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. The main sections that relate to sexual offences regarding children are sections 5–15. Sections 5–8 largely reiterate the adult offences of sections 1–4 – rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent – replacing the element of non-consent with the victim being under 13 – with higher maximum sentences in the latter two cases. Sections 9–12 define offences against a child under 13, ''or'' a |
The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. The main sections that relate to sexual offences regarding children are sections 5–15. Sections 5–8 largely reiterate the adult offences of sections 1–4 – rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent – replacing the element of non-consent with the victim being under 13 – with higher maximum sentences in the latter two cases. Sections 9–12 define offences against a child under 13, ''or'' a child under 16 whom the defendant does not reasonably believe is 16 or over. These offences are sexual activity with a child, meaning sexual touching (the same ''actus reus'' as sexual assault); causing or inciting a child to engage in sexual activity;<ref name="legislation.gov.uk">{{Cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/contents|title=Sexual Offences Act 2003|accessdate=11 March 2023}}</ref> engaging in sexual activity in the presence of a child for sexual gratification; and causing a child to watch a sexual act, meaning a third person or an image, for sexual gratification. Under section 13, these offences carry a lower penalty of 5 years' imprisonment when committed by a person under 18. |
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Any person who engages in sexual intercourse with a person under age 16 could be prosecuted (unless they are under 10, the [[age of criminal responsibility]]). This therefore means that even sexual intercourse between willing people of a similar age (e.g., a 16-year-old and a 15-year-old) could result in the older person being liable for prosecution for committing a sexual offence. Because of this, guidelines were put in place on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place. The [[Crown Prosecution Service]] generally has discretion to decide not to prosecute if the facts of the individual case do not warrant it, and the judge (or magistrates, as the case may be) has discretion to impose more lenient or more severe sentences, up to the legal limits, as the facts warrant. It is rare that prosecution would be brought against persons aged 13 or over engaging in sexual intercourse/activity willingly, as long as all persons involved were of similar age, and it did not involve other matters such as violence, abuse or blackmail.{{citation needed|reason=These guidelines aren't part of the Act, other than the reduced sentences|date=December 2021}} |
Any person who engages in sexual intercourse with a person under age 16 could be prosecuted (unless they are under 10, the [[age of criminal responsibility]]). This therefore means that even sexual intercourse between willing people of a similar age (e.g., a 16-year-old and a 15-year-old) could result in the older person being liable for prosecution for committing a sexual offence. Because of this, guidelines were put in place on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place. The [[Crown Prosecution Service]] generally has discretion to decide not to prosecute if the facts of the individual case do not warrant it, and the judge (or magistrates, as the case may be) has discretion to impose more lenient or more severe sentences, up to the legal limits, as the facts warrant. It is rare that prosecution would be brought against persons aged 13 or over engaging in sexual intercourse/activity willingly, as long as all persons involved were of similar age, and it did not involve other matters such as violence, abuse or blackmail.{{citation needed|reason=These guidelines aren't part of the Act, other than the reduced sentences|date=December 2021}} |
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Because it can be difficult to tell whether a teenager is over 16 or not, for the child sex offences in sections 9–13, it is a defence to show that the defendant ''reasonably'' believed the other person was 16 or over (for example, they look mature enough that they could plausibly be 16 and tell the defendant that they are). This defence is not available if the child was, in fact, under 13. There is thus a two-tier system by age, where sex with a person between 13 and 16 may be legal, but sex with a person under 13 never is. |
Because it can be difficult to tell whether a teenager is over 16 or not, for the child sex offences in sections 9–13, it is a defence to show that the defendant ''reasonably'' believed the other person was 16 or over (for example, they look mature enough that they could plausibly be 16 and tell the defendant that they are). This defence is not available if the child was, in fact, under 13. There is thus a two-tier system by age, where sex with a person between 13 and 16 may be legal, but sex with a person under 13 never is. |
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The age of consent is 18 for a few purposes. Section 16 prohibits sexual activity with a |
The age of consent is 18 for a few purposes. Section 16 prohibits sexual activity with a child under 18 by an adult in a position of trust (such as a carer or teacher), even if the child in question is 16 or 17. However, this contains an exception for relationships beginning before the position of trust arose.<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb6-l1g16 |title=Sexual Offences Act 2003 s. 16 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref> Under section 47 it is an offence to pay for or promise payment for sexual services of a person under 18 where the client does not reasonably believe that person is over 18, or in any event for a person under 13.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/section/47 |title=Sexual Offences Act 2003 s. 47 |publisher=UKPGA |access-date=2 August 2013}}</ref> |
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'''Further reading:''' |
'''Further reading:''' |
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