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what is the law on sex???
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Im 15 and im dating a 14 year old girl. We are ready to have sex but not sure what the law states. She has had sex before with older guys. I know under-aged sex is illegal but to what extent? Lots of people are having sex at school and i think im ready to take the step. But what is the law on it?
Can Anyone Help Me???
Thanks,
Anon x
Can Anyone Help Me???
Thanks,
Anon x
0
Comments
Make sure youve got contraception well and truly sorted out. Have you discussed it?
That's not true. It's statutory rape if one of them is under 13.
The law is in a grey area in regards to 13-15 year olds having sex with each other. Even if the police found out it's highly unlikely anything would actually happen and I heard the CPS would probably stop anything happening on 'public interest' grounds
from 1999 but i doubt it's changed THAT much
It's an unhelpful term from some American states that has no relevance for how the law works. In the UK the sexual offences are divided between those that apply to under 13 year olds and those over. However there is nothing in the Act that allows for the implications of 'statutory rape' - i.e. sex with consent below the legal age. In the UK the law doesn't work that way.
The most important thing to bear in mind for understanding the law in the Uk is that there are laws and there is the decision about whether a crime should be prosecuted. Just because someone has broken a law doesn't mean the Crown Prosecution Service are required to take the case to court, indeed the Police aren't require to pass a case to the CPS at all.
What that means is that it's necessary to understand that the Sexual Offences Act 2003 defines the law in very stark terms, but that doesn't mean everyone would be prosecuted.
So bearing that mind here's what the law is if you are aged 13 - 15 -
The age of consent in the UK is 16. Below that age it is not possible legally have sex. Doesn't matter about anything else - no sexual activity can happen legally. Though consent is relevant when deciding if rape has taken place.
Now the very serious sexual offences related to children only apply to children under 13 - those are the ones with life sentences and aren't relevant here.
However under the Sexual Offences act Section 4 covers sexual activity without consent. This means everything, any form of touching, kissing, basically there's nothing that isn't included and the fact that it is legally illegal for 15 year olds to kiss since the introduction fo the Act has been something that alarmed many people on its introduction.
The penalty for any sexual activity is a maximum of 10 years. The maximum penalty for anything involving penetration is life imprisonment.
Now when two people are both under the age of consent my understanding is that the police and CPS would make a judgment on which party instigated the activity and decide if they wanted to prosecute that person, rather than both. Though in theory a couple could find that legally they could be prosecuted for having sex with each other.
Here's the explanation from channel 4
However, remember it's important to bear in mind that sex two 15 years old had agreed to is unlikely to be prosecuted - it is however illegal.
So basically the law is that anything sexual involving a person below 16 is illegal with a maximum penalty of life imprisonment. However that is very, very unlikely to happen and the government has taken measures to ask the CPS not to prosecute.
Here's the statement on the issue from a Home Office Spokesperson when the Bill was passed - basically addressing the issue of why they'd made kissing a crime -
You can see the full details of the relevant section here -
The full act is here is you want to read it - although it is fucking grim
http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_1
But just to clarify again - anything done before 16 is a crime. The government has asked the cases that don't seem like crimes aren't prosecuted but you still need to bear in mind that legally it is something you could be prosecuted for - especially when cases are presented to the Police by parents.
Dammit - I so knew someone was answering this quickly as I was typing
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In addition you might want to have a look at our article on deciding if you're ready for sex and I'd be remiss not to mention our section on contraception.
Hope that helps.