Current Legislation and Guidelines

Sex and the law

Teachers who have a responsibility to deliver sex education will want to ensure young people are clear about what is legal and what is not. It is worth discussing not just what the law says but also why certain 'rules' have been developed and how these rules, in some cases, have been changed. Young people should be aware of both their rights and their responsibilities.

In general the law is there to protect minors, to protect all individuals from assault or abuse, and to protect the public from inappropriate behaviour in public places. Young people should be aware of what is meant by 'penetrative sex' and what is meant by 'consent'.

Confidentiality

While teachers should not guarantee confidentiality, they are not legally obliged to inform parents about subjects discussed with pupils if they believe it is not in the best interests of the young people to do so. However, by contract, teachers must follow the instructions of head teachers in these situations.

Sexual Offences: What the Law Says

The law on sex offences in the UK is archaic - some of the legislation listed below dates back to 1824 and the majority of it comes from the Sexual Offences Act of 1956. It tends to discriminate against men and boys in that it usually assumes that sexual offences are committed by men towards women (rape, sexual intercourse with minors, gross indecency, etc). This often leaves out sexual offences committed by men towards other men or boys, and offences by women towards men or boys.

However, there are ways around this. For example, the rape of a boy or man can be charged under buggery, while sexual intercourse by a woman with an underage boy can be charged under indecent assault.

All sex offence laws are under review by the Government and the current draft of proposed offences will ensure that laws are strengthened and that they apply equally to both sexes. The consultation period ended 1 March 2001.

Age of Consent

In England, Scotland and Wales, the age of consent for gay men was the subject of debate for many years. The age of consent is the age at which it is legal for a man to have sexual intercourse with another man of the same age or older. On 8 January 2001, the Sexual Offences (Amendment) Bill came into effect. This resulted in the age of consent being reduced from 18 to 16. This brought the homosexual age of consent into line with the heterosexual age of consent.

There are some differences in the law in Scotland and Northern Ireland. The age of consent for heterosexuals and homosexuals in Northern Ireland is 17, as opposed to 16 in the rest of the UK. In Scotland, the law relating to sexual offences is based on a mixture of common law and statutory provisions. Common law means that there is no statutory definition of a crime - for instance, what constitutes rape is defined by precedence in court rather than in statute. Common law can deal with very serious offences such as sexual assault, as well as other types of 'offending' behaviour such as indecent exposure. However, the sexual offences listed below are all punishable by law in Scotland, whether it is through common law or statutory law.

What to Do if You Suspect Sexual Abuse

Many schools have a teacher who has been trained in child protection issues, and that teacher should know who to contact in social services or, if it is an emergency, the police. If the school does not have this provision, any teacher who suspects abuse should contact their local social services (through their council). If a school counsellor is available, it may be appropriate to offer this service to the pupil.

The Statutes

The age of consent for heterosexuals and homosexuals in Northern Ireland is 17, as opposed to 16 in the rest of the UK. (In January 2001 the age of consent for homosexual sex in the rest of the UK was lowered from 18 to 16.) For Northern Ireland the legislation listed below that refers to 'girls under 13' and 'girls under 16' would read 'girls under 14' and 'girls under 17'.

Rape: anal or vaginal intercourse by a man, without consent
(Sexual Offences Act, 1956)

Indecent assault on a man or woman
(Sexual Offences Act, 1956)

Sexual intercourse with a woman by threat, intimidation, false pretences or false representations
(Sexual Offences Act, 1956)

Giving drugs, etc, to a woman to obtain sexual intercourse
(Sexual Offences Act, 1956)

Indecent exposure: 'wilfully, openly, lewdly and obscenely exposing a penis with intent to insult any female'
(Vagrancy Act, 1824; Town Police Clauses Act, 1847)

Buggery (1): consensual anal intercourse not in private
(Sexual Offences Act, 1956)

Buggery (2): anal intercourse with a child under the age of consent
(Sexual Offences Act, 1956)

Assault with intent to commit buggery
(Sexual Offences Act, 1956)

Sexual intercourse with a girl under 13 (carries maximum life sentence)
(Sexual Offences Act, 1956)

Sexual intercourse with a girl under the age of consent (carries maximum 2-year sentence)
(Sexual Offences Act, 1956)

Indecency with a child under 14: anyone who commits an act of gross indecency with or towards a child, or who incites a child to such an act with him or another
(Indecency with Children Act, 1960)

Abuse of trust: people in certain positions of trust and responsibility (as defined by the statute) who engage with a child in their care
(Sexual Offences (Amendment) Act, 2000)

Incest: sexual intercourse with a woman a man knows to be his granddaughter, daughter, sister, half-sister or mother (victim under 13 carries maximum life sentence; otherwise 7 years)
(Sexual Offences Act, 1956)

Incest by a woman (7 years regardless)
(Sexual Offences Act, 1956)

Incitement of girls under 16 to commit incest
(Criminal Law Act, 1977)

Causing prostitution of women
(Sexual Offences Act, 1956)

Causing or encouraging prostitution of a girl under 16
(Sexual Offences Act, 1956)