Sex & The Law

Incest

Incest is sex between persons regarded as too closely related to marry each other. Both men and women can be prosecuted for incest.

Rape

It is against the law to have sex with a person against their will. If both parties can and do consent to sex (unless a girl is under 13 ) then no offence is committed but both people must be in a fit state to give consent eg. if you have sex with someone who is drunk and not in a fit state to consent, you would commit an offence. Any male aged 10 or over who has had sex with another person, male or female, without consent, may be charged with rape. An offence of rape can be committed by forcing a person to have vaginal, anal or oral sex. The maximum adult penalty for rape is life imprisonment. A man can be charged with rape on his wife. A woman can also be charged with rape in certain unusual circumstances, for example, if a woman held a person down thereby assisting another person to have non consensual sex with that person, she would be guilty of rape.

Sex and the Law

The law in relation to sex is very strict. It is best to make sure before you do anything sexual that the person; consents, is old enough to consent, and is in a fit state to consent eg: they are not drunk. It is also an offence to have sexual activity with somebody with whom you are in a position of trust eg. teacher and pupil. In England, the law says a female must have reached the age of consent (16 yrs) before she can legally agree to have sex with someone. The age of consent for sexual intercourse between gay men is 16.

• It is illegal for any male to have sex with a female before she is 16, even if she agrees. In law, a girl aged under 13 cannot agree to have sex. If a person has sex with a girl under 13, they can be prosecuted for rape. Her apparent consent is no defence to this crime.

• Males (over the age of 10) can be prosecuted for unlawful sexual intercourse.

• Sex between males is illegal for all males under 16; however, if both partners are 16 or over and they agree and they are in private, no offence is committed.

• Female homosexuality is not an offence provided there is consent. However, if the female is under 16, sexual activity could be a sexual assault, as a girl under 16 cannot legally consent to any sexual activity.