Rights & Responsibilities

What Does The Law Say?

It is always wrong and against the law to force someone to have sex, no matter what age you or they are.

 

Sex and the law can be quite a confusing subject. For example, young people under the age of 16 can access confidential sexual health services, even though it is illegal to have sex before you’re 16. 

 

 

 

Here are some of the main things the law has to say on sex and relationships:

  • In law, the phrase ‘age of consent’ is used. This means the age someone needs to be before they can agree to have sex. 
  • The ‘age of consent’ in Scotland for boys and girls is 16. This is the case whether you’re straight, lesbian or gay. So, if you’re both over 16, and both want to have sex, then it’s legal. If one of you is under 16, then the other is breaking the law.
  • Most people wait until they’re 16 to have sex. If you’re aged 13-15 and having sex, then you or your partner might be at risk of being prosecuted – however this is not common if both young people are happy and one person is not forcing the other to have sex.
  • It is always wrong and against the law to force someone to have sex, no matter what age you or they are. 
  • To help protect young people, the age of consent rises to 18 when your partner is or has been in a position of trust (e.g. someone who has cared for you like a parent, a teacher or a youth worker).

 

What about rights and responsibilities? How does confidentiality work? Where can I go for more info on sex and the law?