Sex and the law

Knowing what the law says about sex and young people will help you to understand your rights, and the rights of other young people.

There are lots of different laws in the UK that are there to protect young people.

Below are the answers to common questions young people have about the law in relation to sex and sexual activity.

Sexual activity includes:

• Kissing
• Sharing sexual messages
• Sending nude or semi-nude images or videos
• Sexual touching
• Oral sex
• Vaginal or anal sex

Sexual abuse is when someone is pressured, forced or manipulated into any form of sexual activity by someone else.

It is illegal for anyone to sexually abuse another person – online or offline.

There are different types of sexual offences under UK law:

Rape: The legal definition of rape is when a person forces their penis into the mouth, anus or vagina of another person when that person doesn't want them to do so.

Sexual assault: Sexual assault is when someone forces or coerces someone to engage in unwanted sexual activity or when someone is touched sexually without their consent. The touching can be done with any part of the body or even with an object.

Child sex offences: It is illegal for anyone over the age of 18 to have sexual activity with someone under 16. It is illegal to take, view, share or request nude or semi-nude images or videos of someone who is under 18. 

Sexual harassment: Sexual harassment is unwanted sexual behaviour that makes someone feel upset, scared, offended or humiliated. Sexual harassment includes:

• Making unwanted sexual comments or jokes
• Exposing your private parts to somebody in public
• Sharing nudes of another person without their consent
• Sending someone unwanted nudes or sexual messages
• Sending someone pornography without their consent
• Sharing or threatening to share sexual rumours about someone
• Taking sexual photos of someone without their consent (also known as upskirting)

Sexual harassment can happen anywhere (online or offline) and to anyone (regardless of their age or gender).

What is the age of consent?

The age you can legally have sex is called ‘the age of consent’. In the UK it is 16 years old. This means that according to the law, only those who are aged 16 or over are able to freely agree to any sexual activity. Read more about consent in our article.

Is it illegal for two people under 16 to engage in sexual activity?

Sexual activity between anyone who is under 16 is illegal.

However, the law is in place to protect young people from sexual abuse. Sex between two young people under the age of 16, is often treated as a safeguarding concern. This means that  young people will not be in trouble with the police. Adults (such as teachers, social workers, parents and carers) will work together to make sure the young people are safe.

It is illegal for two people under the age of 18 to share nude or semi-nude images.

Will an adult get in trouble for having sex with someone under 16?

Sex or any sexual activity between an adult and a young person aged under 16 is against the law in the UK. It is illegal for an adult to take, view, share or request nude or semi-nude images or videos of someone who is under 18. If this is brought to the attention of the police, the person over 18 could be prosecuted. The punishment would be decided by the police (and possibly the court) based on the specific circumstances of the case.

Is it illegal to take a nude and send it to someone else?

It is illegal to take a nude photo or video of anyone under 18, even if it is of yourself. It is also illegal to share it with someone else.

However, the law is there to protect young people, not criminalise them unnecessarily. If you have shared an image as a part of a consensual relationship, and this comes to police attention, the police will consider that when dealing with a case.

If you have been pressured to share an image of yourself, you will not be in trouble. The law is there to support and protect you.

Is it illegal for an adult to send a young person sexual messages?

It is illegal for an adult to send sexual messages to someone under 16 – the law calls this ‘sexual communication with a child’. This can include written messages and sexual or nude photos.

Is it illegal to watch pornography if you’re under 18?

It isn’t against the law for a young person to look at most types of pornography. If you have watched pornography, don’t feel worried or ashamed. You won’t get into trouble.

Some types of porn are illegal. It is illegal to watch porn that includes:

• Sexual abuse
• Scenes of life-threatening violence or acts that are likely to cause serious injury to a person’s anus, breasts or genitals
• Sexual acts with animals or dead people

It is illegal for anyone over 18 to force or pressure a young person into watching porn.

Sexual images and videos (nudes) of under 18s are NOT pornography – these are called indecent images of children. It is illegal to create, view, store or share indecent images of children.

Do teachers or the police view nudes of young people that are reported to them?

School or college staff should not intentionally view nudes or semi nudes. The person responsible for safeguarding might need to view an image, but only if it is necessary to take steps to protect the child.  

The police will only view nudes of young people when they need to see the photos to protect the child and take legal action against any adults involved.

Will a young person be blamed if they make a report about sexual abuse to the police?

If someone has pressured, forced or manipulated you into any sexual activity, it is not your fault.

Any sexual activity (even if not forced or pressured) between a young person and an adult  is only the fault of the adult involved.

You are the victim of a crime. The police should listen to your story without judgement.

If you’re treated unfairly or inappropriately after making a police report, you can make a complaint. Support services will be able to help you with this process and make sure you get the support you need.