The Student Room Group

Underage [sex with someone underage]

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What about this situation? Totally made up:

A male and female have been seeing eachother for a while, they both decide to have sex even though they are both 15 - say they had been going out for a year and both love eachother. One party is older than the other by 2 months, say the male (everyone prefers it to be the male older), he turns 16, should they discontinue having sex for 2 months until she turns 16?

Does this part of the Law still stand:

* It is illegal for a MALE of ANY age to have sex with a FEMALE who is under 16 (England, Scotland, Wales) or 17 (Northern Ireland).
Reply 41
does the fact they been going out a year and their parents would blatantly kno not account for antyhing? i reckon it'd be ok, i mean i think underage sex is wrong, totally wrong! but if they'd had sex before hand when they were both underage ...hmm tricky!xx
Reply 42
I don't think they should have to
I think the law would still discriminate against them
But i don't think they should have to
Except there's no way to make a law that would allow for that!
Lauren18


Complicated isn't it! Basically, it's best to wait until your both able to legally consent to sex :biggrin:


You missed out the sexual offences amendment act 2003!

Basically, to update what Lauren said in light of the 2003 act:

Prositution IS legal, provided there's no 3rd party. I.e. pimps and brothels and stuff are illegal but two people just having sex together is legal. There's a bit more to it than that, the owner of a place, where two or more people use it for sex AT THE SAME TIME, can be arrested for running a brothel. The prossie also has to be over 18, not 16.

Anything with someone under 13 is illegal. A common phrase in the act is " (i) B is under 16 and A does not reasonably believe that B is 16 or over, OR B is under 13" -

If you are over 18, and in a position of trust (e.g. teacher etc) with someone under 16, you cannot have sex. "abuse of position of trust". By and large, to have sex with someone you are in a positon of trust with, you must both be over 18. The exception is, if you are married or the relationship pre-dated the position of trust.

It is illegal to hold pictures of people under 18, UNLESS they are 16 or 17 AND they are either married or "lived together as partners in an enduring family relationship".

If you are related to the person by " (2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.", then sex at all, is illegal.
The interesting thing about the act is that it says that its illegal if one person is over 18, and the other over 16. Now... it doesn't seem to speciify if one person is 16, the other 17.

It is also an offence to ahve sex with a corpse or in pubic toilets.

ALSO, it is illegal to have sex abroad, where that would be illegal in the UK, so if you had sex with someone abroad, they aged 15, where it was legal in that country, you could be arrested in the UK.

Exceptions to the rules about sex under 16 are:

" (a) protecting the child from sexually transmitted infection,
(b) protecting the physical safety of the child,
(c) preventing the child from becoming pregnant, o
(d) promoting the child's emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child's participation in it."


This is not legal advice, and it may contain errors etc, so don't rely on it :P Just a brief summary, from what I got via a quick read of the law.
Reply 44
spoonofdeath
It's not if they are 13-15 and consented.


then i think it could be classified as indecent assaulty - but i could be wrong. best to play it safe, and wait till she's 16!
Reply 45
Lol!
Everyone seems to know alot about the stance of the law on this one. To me it suggests one of two things:
- Lots of Law students
- Alot of people have faced this predicament

Thanks for the advice people, like i said, I sadi no, but I was wondering what other people would do, as a sort or re-assurance that I wasnt totally mad or anything. Y'know, turning down sex . . .
deej2
A quick question:
If you were over the age of consent, but the girl you were with was under, what would you do?
Go about things as if you were both over the age or stick to the letter of the law?
If there has been a thread on this before, Im sorry, can someone just post the link here?


IMO i think it would be best to wait till you are both legal, and quite frankly if you were both mature enough, and cared enough then you wouln't have a problem doing the right thing and waiting. I believe the law is there for a purpose, it is meant to protect both parties, and the lasw is that sex under 16 is illegal. And if the girl is under 16 and you are over then technically you'd be in more trouble, and if you were over 18 it'd be classed as statutory rape.
Think carefully, about what you do, and how it will affect you both mentally, emotionally and physically. If you do chosse to have sex underage take all teh sensible precations, and if you at all unsure, then wait. Nobody would think any worse of you for it.
It's up to you. :smile:
bwgames
There's a bit more to it than that, the owner of a place, where two or more people use it for sex AT THE SAME TIME, can be arrested for running a brothel.


So technically if you were in uni halls and more than two people (i'd assume couples) were having sex at the same time (not the same room) is that counted as a brothel? :eek:

scary thought...
Reply 48
xXMessedUpXx
quite frankly if you were both mature enough, and cared enough then you wouln't have a problem doing the right thing and waiting.


Why is waiting the right thing to do, if you're both mature enough, care enough about each other and want to do it? :confused:
amie
Why is waiting the right thing to do, if you're both mature enough, care enough about each other and want to do it? :confused:



Well as a law abiding ciztizen, i'd consider sticking to the law the right thing to do...but that's just my opinion. Like i sadi there's an age restriction for a reason.. :wink:
Reply 50
And what's the reason?
amie
And what's the reason?

Well think about it, most people wouuld agree that by 16 an indiviual is mature enough physically and mentally to be able to cope with the responsibilities of a sexual relationship. And judging on the number of under 16's teenage pregnancyies i'd say a lot of under 16's don't have a clue. Sex can bea dangerous thing to a point, emotionally, but also physically eg. STI's, pregnancy etc so like most things that can damage a person eg knives, alcohol, smoking etc it is illegal under a certain age to protct thos under that agr till they are mature and responsible enough to deal sensible with the age-restricted thing in question.
Reply 52
However, the only person really in a place to tell you whether or not you are ready for sex, is yourself. So I prefer to see that particular law as more of a guideline; if I feel I'm ready to perform a fundamental and entirely natural human function, then that's what I will do, and no law-maker that has never met me will tell me otherwise.

Just because the law says something is illegal, it doesn't automatically make it 'wrong' in a moral sense, just as actions that are legal are not always 'right'.
If the person is under 12 it counts as rape, over 12 but under 16 counts as unlawful sex. Thats what i was taught anyway but recently my boyf started going on about how it is illegal for anyone over 18 to have sex with someone 17 or under. I was 17 when i first had sex with him and he was 19, I'm sure this isn't illegal but according to him it is. Its ok cos i'm 18 now, but i'm just worried cos I'd hate to have broken the law without even knowing it.
amie
However, the only person really in a place to tell you whether or not you are ready for sex, is yourself. So I prefer to see that particular law as more of a guideline; if I feel I'm ready to perform a fundamental and entirely natural human function, then that's what I will do, and no law-maker that has never met me will tell me otherwise.

Just because the law says something is illegal, it doesn't automatically make it 'wrong' in a moral sense, just as actions that are legal are not always 'right'.

to me kids having sex is morally wrong.

if anyone had sex with my sister (14) i'd kill them...simple as that.
Reply 55
Morality is an abstract concept, and everyone has their own idea of right and wrong. Yours is that its wrong, mine is that its up to the individual. Neither one of us is right, its just a case of 'each to their own' :smile:

Although I'd like to point out that, unless it was rape, technically it wouldn't be that someone 'had sex with your sister', it would be that 'they both had sex'...it takes two, so in my opinion, it would be double standards to kill one but not the other :p:
Unfortunetly the law is just that..the law

I'm afraid if you decided that it was morally right to murder someone..you'd still be arrested
Reply 57
Unfortunetly the law is just that..the law

I'm afraid if you decided that it was morally right to murder someone..you'd still be arrested


Yes, but the law does not entirely dictate what is morally right, that's all I'm saying. For example, euthanasia is illegal here, but if faced with a dilemma like that, I'm not sure everyone would agree that its illegality was correct.
amie
Yes, but the law does not entirely dictate what is morally right, that's all I'm saying. For example, euthanasia is illegal here, but if faced with a dilemma like that, I'm not sure everyone would agree that its illegality was correct.

my point is in a court of law...you'd be screwed really
Reply 59
Yes, of course you would. But that doesn't make it wrong to have sex under sixteen.