Is it legal?

Rape & sexual assault

Rape is where someone is forced to have sexual intercourse against their will, and sexual assault means someone being sexually touched without their consent. Both women and men can be victims of rape and sexual assault, and often the attacker is someone the victim knows.

It is important to remember if you have been raped or assaulted that it is not your fault, and that you have not done anything wrong to make this happen. It is common to feel guilty or ashamed, but it is important to remember that the person who attacked you has committed a criminal act, and they should feel this way, not you.

Talking about rape or sexual assault can be difficult, but it is very important to get help and support to help you deal with what has happened to you. For some people they may have trusted friends or family members they can speak to; others find it easier to speak confidentially on a helpline or to a professional.

Rape and sexual assault are criminal offences and if you feel able to, should be reported to the police as soon as possible. Going to the police means that they can gather evidence and investigate what has happened, which could lead to your attacker being charged and prosecuted.

Age

One important factor when thinking about having sex is your age and whether you and your partner are over the age of consent. The age of consent is the age that you can legally have sex, and is based on when a young person is felt able to understand what having sex means and is mature enough to make that decision for themselves.

England and Wales

In England and Wales the age of consent for all young people, regardless of whether you are gay, straight or bi, is 16. This means that penetrative sex and sexual touching with anyone who is aged between 13 and 15 is illegal and could lead to prosecution.

If a young person is aged 12 or under, sexual intercourse and touching is an absolute offence and will be treated as rape or sexual assault.

Scotland

The age of consent in Scotland is also 16, and the laws around sexual offences are very similar to those in England and Wales. A key difference is that sexual intercourse and touching a girl under 12, or a boy under 14, are absolute offences and so are treated as rape or sexual assault.

Northern Ireland

The age of consent in Northern Ireland, regardless if you are gay, straight or bisexual, is 17. This means that penetrative sex and sexual touching with anyone who is aged between 14 and 16 is illegal and could lead to prosecution. If a girl is aged 13 or under, sexual intercourse and touching is an absolute offence and will be treated as rape or sexual assault.

Sex under the age of consent

If two young people who are both under the age of consent and around the same age have sex together then it is unlikely that either will be prosecuted, as long as the sex is consensual and there has been no coercion. If one of the young people is over 16 then they could face prosecution and up to 5 years in prison, and a person aged 18 or over having sex with a young person under 16 could face up to 14 years in prison.

Pictures & videos

Under the Protection of Children Act 1978 (amended 1994) it is illegal to take, make, own, show or share images (including videos) of children and young people under 18 involved in sexual activity or posing in a provocative way.

S&M

If you are interested in sado-masochism it is important to be aware that even though the sexual acts are consensual and private, it is possible to face criminal charges of assault if anything more than minor injuries are sustained. This is not particularly common, and cases that have gone to court have had different outcomes, but some people have been convicted and served prison sentences.