Sex and sexuality

Heterosexuals

It is unlawful for a man to have sexual intercourse with a girl under the age of 16, even when she gives her consent. It is unlawful for a woman to have sexual intercourse with a boy under the age of 16, regardless of his having consented.

A girl or young woman cannot be prosecuted for having unlawful sexual intercourse at any age. However, if s/he has sex with a boy or young man under the age of 16, s/he could be prosecuted for indecent assault. If the boy is under 14, s/he could be charged with gross indecency. Prosecutions are, however, rare.

A boy under ten is considered in law to be incapable of having sexual intercourse. He cannot, therefore, be charged with unlawful sexual intercourse for having sex with a girl under 16. He could, however, be charged with indecent assault.

A boy or young man aged ten or over can be prosecuted for having unlawful sexual intercourse if the girl or young woman was under 16. If s/he was aged 13 or over but under 16, he may have a defence if he has no previous convictions and he reasonably thought s/he was over 16. If the young man is aged over 17 and is convicted, he can be fined, or sent to youth custody or a detention centre. If he is aged 17 or over but under 21 he may be detained in a young offender institution for up to two years.

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