Is this even legal?

A friend of mine, he's 22, almost 23, is currently flirting with a 17 year old, and I was wondering if what he's doing is even legal?

I know that the age of consent is 16, but I've read that "sexual messages" from someone under the age 18 can be considered illegal.

Thank you all :smile:

Reply 1

NekoAngel13

It's legal for them to sext and send dirty texts. They can have sex if they want. But sending and taking nude photos is illegal for under 18s, it's classed as producing and distributing child porn.

Reply 2

Tastarimutu

Original post by NekoAngel13

It's legal for them to sext and send dirty texts. They can have sex if they want. But sending and taking nude photos is illegal for under 18s, it's classed as producing and distributing child porn.

Are you 100% sure that messages with sexual backgrounds are 100% legal between them?

And yes, I have told him to avoid nudes at all costs!

Reply 3

Powersymphonia

Taking and/or distributing pictures of someone under the age of 18 is illegal.

Reply 4

Trinculo

OP, if your friend isn't a euphemism for yourself, my suggestion would be to butt out and leave them alone.

Is this really anything to do with you?

Reply 5

Tastarimutu

Original post by Trinculo

OP, if your friend isn't a euphemism for yourself, my suggestion would be to butt out and leave them alone.

Is this really anything to do with you?

No it's not, otherwise I would have posted anonymously elsewhere! Just want to know if its legal for him or not

Reply 6

NekoAngel13

Original post by Tastarimutu

Are you 100% sure that messages with sexual backgrounds are 100% legal between them?

And yes, I have told him to avoid nudes at all costs!

Photos are illegal for sure. I'm not sure what you mean by backgrounds though...

http://www.telegraph.co.uk/women/womens-health/10985660/Sexting-scare-6-sexting-myths-busted.html

Reply 7

Tastarimutu

Original post by NekoAngel13

Photos are illegal for sure. I'm not sure what you mean by backgrounds though...

http://www.telegraph.co.uk/women/womens-health/10985660/Sexting-scare-6-sexting-myths-busted.html

I know sending nudes is illegal given his circumstances, I just want to know if its legal for him to flirt/heavily flirt with a 17 year old

Reply 8

polysci

It MAY be legal.

Generally, she's over 16, so he can flirt/go out with her/have intercourse and it's fine.

HOWEVER; some exceptions; if he's in a position of trust over her (teacher/social worker/support worker/religious minister (not an exhaustive list, but you get the idea)) then it's still illegal. This also applies if she's got a mental health issue that makes her especially vulnerable that he should know about.

You've covered the photos thing, and that's important.

If you want references/laws/citations just ask!

What you've got to remember is that "age" does become just a number when you're over the age of consent... some people mature quicker than others... she may be a very mature 17 year old and they're on the same level, or he may be a bit immature for his age and find they get on well... either way so long as they're happy, best of luck to them.

I'm returning to uni in my 30's and wouldn't mind if someone in their 20's decided to flirt with me :wink:

Reply 9

JamieBritt272

Your friend sounds like a ****ing nonce lmao

Reply 10

Tastarimutu

Original post by polysci

Thank you, and yes they are both student and both have no mental issues.

Can you just throw the reference in where it states that is legal for them to have flirtatious conversations given that he's not in a position of trust and she's mentally stable.

thank you :smile:

Reply 11

polysci

The law states what isn't allowed, not the other way round. However, the CPS guidelines are:

http://www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/consent/

(look at the Sexual Offenses Act 2003)

In terms of online flirtation, its:

https://www.psni.police.uk/contentassets/fae34aff4af6409e9ad393130043ec55/sexting__the_law_leaflet_trifold.pdf

Although, again, it's the 17 year old who commits an offence when they create an image, but they can say what they want (and indeed, probably should... if they don't talk about sex, then there's a whole can of worms to do with consent).