Sexual consent is a difficult topic to get around, but it is very important to be clued up on how the law and sexual consent link together.

In the UK and Wales, The Sexual Offences Act 2003 defines consent as when a person who is consenting to something, they are agreeing with their own choice but also has the freedom and capacity to make that choice.

When we talk about the capacity to consent, another way that this can be explained is:

  • Is the person under the influence of drugs/alcohol?
  • Does the person suffer from any mental health/medical conditions that limit their ability to consent or express their consent?
  • Are there any mental health/learning difficulties?
  • Is the other person asleep or unconscious?

 

In all of these situations, the other person cannot give consent!

 

The age of consent for sex

The age of consent depends on where you are. It differs between England, Wales, Scotland and Northern Ireland.

England and Wales -The age of consent for any form of sexual activity is 16 for both men and women.

-It is the same REGARDLESS of gender or sexual orientation

-It is an OFFENCE to have sexual activity with a person under the age of 16. However, the home office guidance states that there is no intention to prosecute teenagers under the age of 16 where both mutually agree and where they are of a similar age

-It is a criminal offence for a person aged 18+ to have any sexual activity with a person under the age of 18 if the older person holds a position of trust (for example a teacher or social worker)
Scotland -The age of consent for any form of sexual activity is 16 for both men and women.

-Any sexual activity between that of an adult and someone under the age of 16 is a criminal offence

-Sexual intercourse and oral sex between young people aged 13-15 are also offences even if both partners consent.

-The maximum penalty could be life
Northern Ireland -The age of consent for any form of sexual activity is 16 for both men and women.

-Any sexual activity between that of an adult and someone under the age of 16 is a criminal offence

-Sexual intercourse and oral sex between young people aged 13-15 are also offences even if both partners consent

 

 

Commonly asked questions

So, what is consensual sex in legal terms?

There is no pressure between you. You both decide to do it and you both feel happy and safe while it is happening. You are both of the legal age of consent for your country.

When would it legally not be okay?

Sometimes, a person might not be mentally or physically capable of choosing whether or not to engage in sexual behaviour. The list above about capacity is a good read to understand capacity. It may seem like someone is eager to engage in sexual behaviour but legally, they are not in the mental capacity to do so.

I am 19 and my girlfriend is 16. Is that okay?

It is only illegal for anyone over 18 to have sex with someone under the age of 16.

 

I’m a woman, do I have to ask for consent?

Sexual consent doesn’t discriminate between genders. If you want to initiate sexual contact, ask. 

 

I think I have been the victim of sexual assault. What do I do?

Please visit our support page for further information on sexual assault and where to get help. It is also very important to inform the police if this is the case.

 

 

If you would like any more information, here are a few useful links and articles: