What does the law say?
What does the law say about 13, 14 or 15 years olds having sex?
Most people wait until they are 16 or older before having sex. But sometimes young people have sex sooner. The law says:
- If the young person and their partner are heterosexual and are 13, 14 or 15 years old and they have sex the boy is breaking the law
- If a young man and his partner are gay and are both 13, 14 or 15 years old and they have sex they are both breaking the law
- If a young woman and her partner are lesbian and are both 13, 14 or 15 years old and they have sex neither of them is breaking the law
- If one of the young people is 13, 14 or 15 years old and their partner is 16 or older the older person is breaking the law.
But surely it's not just about young people's rights if they are under 16?
Of course, it’s not; these are just statements of fact. Healthy Respect wants young people to understand that they deserve the best when it comes to their personal and sexual relationships. This means that while laws may be broken by young people having sex (as described above) we don't want them to be overly worried about this, because we want them to feel that they can talk to someone to get the information, advice or support they need. Healthy Respect wants young people to make good, safe decisions. We don't want them to be frightened, or feel unable to approach anyone for help, as this may leave them vulnerable.
What about child protection when it comes to 13, 14 and 15 year olds having sex?
Healthy Respect tries to communicate to under 16s that if parents or professional people think they are having sex, then they may be worried about them, and may consider the issue of child protection. While it might be understandable that it isn't always easy for young people to talk to their parents, they should consider doing so, and Healthy Respect professionals will always encourage this.
The document Unlawful Sexual Activity Interim Guidance for Edinburgh and the Lothians (November 2006) provides professionals with clear guidance where young people are involved in sexual activity under the age of 16 years.
The document states:
Where under 16s are having sex, professionals must consider the following and make a risk assessment:
- The age of the young people involved
- Any imbalance of power
- Overt aggression
- Whether coercion or bribery is involved or such an allegation has been made.
- Whether substances have been used as a disinhibitor
- Whether the young person’s own behaviour, because of substance misuse, places him/her at risk so that s/he is unable to give informed consent to any activity
- Whether the young person is able to give informed consent (e.g. mental illness, learning disability, etc.)
- Whether unusual attempts have been made to keep the relationship secret (beyond what would be considered normal in a teenage relationship).
- Whether methods used are consistent with grooming.
Where can I go for more information on sex and the law?
The Scottish Child Law Centre gives information and advice about the law. You can contact them by telephone for free on 0800 328 8970 or by email to enquiries@sclc.org.uk or by writing to SCLC 54 East Crosscauseway, Edinburgh EH8 9HD. More at www.sclc.org.uk/
The United Nations Convention on the Rights of the Child is the international law that states what rights young people have from birth until they are 18 years old. There is more on this at http://www.unicef.org/crc/index.html
Scotland's Commissioner for Children and Young People: The job of the Commissioner and her team is to make sure that people listen when children and young people have important things to say about their lives. This might include people in schools, parliament and law courts. Find out more at www.sccyp.org.uk