What is the age of sexual consent in the UK?

Japan has raised the age of consent from 13 to 16 years old as part of sweeping reforms to its sex crime legislation. These changes bring the country in line with UK laws around sexual consent, which themselves have a disturbing history. Did you know that the age of consent in the UK used to be just 12 years old? And – until 2000 – the age of consent was higher for homosexual sex?

The age of sexual consent in the UK has been a hot topic in recent months, particularly since BBC presenter Huw Edwards was accused of paying a teenager for explicit photos. [The Met Police have confirmed that Edwards, 61, won’t face further investigation. He is currently receiving medical care for his mental health and, per his wife, Vicky Flind, will release a personal statement when he is well enough to do so.]

As well as raising serious concerns about media ethics and ‘trial by social media’, the case has highlighted our murky understanding of the law surrounding the legal age of consent, particularly how a person’s capacity to give consent changes between the ages of 16 and 18.

For instance, why is it legal for 16-year-olds to have sex but not to share sexually explicit images?

Comparisons have been made to ex-ITV presenter Phillip Schofield’s admission that he had an “unwise, but not illegal” affair with a colleague on This Morning. While Schofield described the relationship as “consensual,” he was criticised for the power imbalance between him and his colleague, who was significantly younger than him and was at a junior level in the industry.

Some commentators have also argued that homophobia has played a significant part in the media and the public’s response to each of these cases, which is perhaps a legacy of how the laws surrounding consent in the UK used to vary depending on sexuality.

Here, we unpack the legal definition of sexual consent, how it differs between the age of 16 to 18, and the discriminatory history of such laws:

What is the legal definition of consent?

Consent is when all people involved in any kind of sexual activity agree to take part by choice. They also need to have the freedom and capacity to make that choice.

Per Rape Crisis, a person doesn’t have the freedom and capacity to consent if:

• They are asleep or unconscious.
• They are drunk or ‘on’ drugs.
• They have been ‘spiked’.
• They are too young (under 16).
• They have a mental health disorder or illness that means they are unable to make a choice.
• They are being pressured, bullied, manipulated, tricked or scared into saying ‘yes’.
• The other person is using physical force against them.

What is the legal age of consent in the UK?

In the UK, the legal age of consent for sexual activity – including penetrative sex, oral sex and mutual masturbation – is 16 years old. This is the same for all sexualities. However, it’s illegal for over-18s in positions of trust (such as teachers) to engage in any sexual activity with someone in their care (such as their students) – even if they are 16 or over.