Children and the Law | Consensual Sex.

Children, Consent and the Law

In UK law, a child is generally a person under the age of 18, although different laws use different age limits for specific issues. For example, the age of consent for sexual activity is 16, while the age of criminal responsibility is lower and differs across the UK.

The law on consent, sexual activity and sexual images involving young people is designed to protect children from abuse, exploitation and pressure. If there is any concern about a specific situation, it is important to seek legal advice from a solicitor who specialises in criminal law, family law, or safeguarding issues.

Age of Consent

The age of consent to sexual activity is 16 across the UK. This applies regardless of gender, sexual orientation or whether the sexual activity is between people of the same sex or different sexes.

Sexual activity with a person under 16 is a criminal offence. The law applies even if both young people say they agreed, and even if parents are aware of the relationship. However, the way police and prosecutors deal with a case will depend on the circumstances, including age, maturity, any age gap, pressure, exploitation, coercion, abuse or harm.

Young People Close in Age

The law is not intended to criminalise ordinary teenage relationships where young people are close in age, and there is no abuse, exploitation or pressure. However, sexual activity under the age of 16 remains unlawful and may still be investigated.

A larger age gap, an imbalance of power, pressure, grooming, threats, intoxication or any form of exploitation can make the matter much more serious. Each case will depend on its facts.

Common Questions

If one person is 16 and the other is under 16, sexual activity is not lawful. If both people are under 16, sexual activity is still not lawful. Parental approval does not make sexual activity under the age of 16 lawful.

Consent is also required at every age. No one should be pressured, forced, threatened or manipulated into sexual activity. A person can only consent if they have the freedom and capacity to make that choice.

Sexual Images and Messages

The law on sexual images is different from the age of consent. It is illegal to take, make, possess or share an indecent image or pseudo-image of anyone under the age of 18. This can include photographs, videos, screenshots, digitally altered images and some AI-generated or computer-created images.

This means that a 16-or 17-year-old may be over the age of consent, but sexual images of them can still be illegal. Sharing sexual images or messages can also create serious safeguarding, criminal and emotional consequences.

Online Safety and Pressure

Young people should not send or request sexual images. Once an image has been shared, it can be copied, forwarded or posted online without consent. This can cause serious harm and may also involve criminal offences.

If a young person has been pressured into sharing an image, threatened, blackmailed or exploited online, they should seek help from a trusted adult, school, safeguarding professional, the police or a solicitor.

Getting Legal Advice

Cases involving children, consent or sexual images can be highly sensitive. The correct advice will depend on the ages involved, what happened, whether images were shared, whether there was pressure or exploitation and whether the police, school or social services are involved.

If you are worried about a specific incident, it is sensible to speak to a solicitor before deciding how to respond.

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