United Kingdom
Age of Consent in the UK: England, Wales, Scotland and Northern Ireland
Independently fact-checked against primary sources (last audited September 28, 2026). · 12 primary sources cited on this page. How we verify our legal content
The age of consent for sexual activity is 16 in England, Wales, Scotland and Northern Ireland, though each nation enforces it under its own, separately enacted statute.
The Age of Consent Is 16, Under Three Separate Statutes
There is no single UK-wide sexual offences Act. Each nation legislates separately, though the core rule is the same.
In England and Wales, section 9 of the Sexual Offences Act 2003 makes it an offence for a person aged 18 or over to intentionally and sexually touch someone under 16, unless the adult reasonably believes the other person is 16 or over. Under section 13 of the same Act, a person under 18 who does the same thing also commits an offence, with a lower maximum of five years. In Scotland, Part 4 of the Sexual Offences (Scotland) Act 2009, headed "Older children," creates parallel offences for sexual activity with a child aged 13 to 15, which confirms the effective age line sits at 16. In Northern Ireland, Article 16 of the Sexual Offences (Northern Ireland) Order 2008 is worded almost identically to the England and Wales provision, again setting the line at 16.
So while the number is consistent, a reader checking the law should look up the correct Act for their nation rather than assume one statute covers the whole UK.
Sexual Activity With a Child Under 13
All three nations treat sexual activity with a child under 13 as the most serious category, because a child that young cannot in law be treated as capable of agreeing to sexual activity at all. Under section 9 of the Sexual Offences Act 2003, this applies whether or not the adult believed the child was older. Scotland's and Northern Ireland's equivalent provisions follow the same structure. The most serious offences against a child under 13, such as rape of a child under 13, carry a maximum of life imprisonment in all three systems; other offences in this group carry lower maximums depending on the activity involved.
Positions of Trust: England, Wales and Northern Ireland Diverge From Scotland
"Positions of trust" rules create extra protection where an adult has a role of responsibility or authority over a young person aged 16 or 17, who can otherwise legally consent to sexual activity with another adult. England and Wales extended this protection from 28 June 2022 and Northern Ireland from 27 November 2023, through two different pieces of legislation, and Scotland did not follow.
In England and Wales, section 47 of the Police, Crime, Sentencing and Courts Act 2022 inserted a new section 22A into the Sexual Offences Act 2003, covering an adult who coaches, teaches, trains, supervises or instructs a young person on a regular basis in a sport or a religion, and who knows they do so.
Northern Ireland reached the same result independently. Section 5 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, a Northern Ireland Assembly Act rather than an extension of the England and Wales legislation, inserted a near-identical new Article 29A into the Sexual Offences (Northern Ireland) Order 2008.
Scotland has not made an equivalent change. Sections 42 and 43 of the Sexual Offences (Scotland) Act 2009 still define a position of trust only through institutional care, local authority accommodation, healthcare and residential settings, educational institutions, and certain family or household relationships. There is no sport or religion category in the Scottish provisions.
Facing an Allegation
Anyone facing an allegation under this area of law should get advice as early as possible. A duty solicitor is available free of charge at the police station, and criminal legal aid may cover the case going forward; see our guide to legal aid eligibility. For the rest of our coverage of offences, courts and sentencing, see the UK criminal law hub.
Frequently Asked Questions
Is the age of consent the same in Scotland as in England, Wales and Northern Ireland?
Yes. All three nations set the age of consent at 16, though each does so under its own Act: the Sexual Offences Act 2003 in England and Wales, the Sexual Offences (Scotland) Act 2009 in Scotland, and the Sexual Offences (Northern Ireland) Order 2008 in Northern Ireland.
Does the law treat sexual activity with a child under 13 differently?
Yes. All three nations treat activity with a child under 13 as the most serious category, applying regardless of any belief about the child's age, and the most serious of these offences carry a maximum of life imprisonment.
Do positions of trust rules cover sports coaches everywhere in the UK?
No. England and Wales (from 2022) and Northern Ireland (from 2023) extended positions of trust to cover sports and religious coaches, through separate legislation in each case. Scotland has not made the same extension.
Where can someone get free legal help if they are facing a charge under these laws?
A duty solicitor is available free of charge at a police station, and criminal legal aid may be available depending on the case. See our guide to legal aid eligibility for how this works in each part of the UK.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Sexual Offences (Scotland) Act 2009
s. 28Having intercourse with an older childIn force
If a person (“A”), who has attained the age of 16 years, with A's penis, penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child (“B”), who— (a) has attained the age of 13 years, but (b) has not attained the age of 16 years, then A commits an offence, to be known as the offence of having intercourse with an older child.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 31Causing an older child to participate in a sexual activityIn force
If a person (“A”), who has attained the age of 16 years, intentionally causes a child (“B”), who— (a) has attained the age of 13 years, but (b) has not attained the age of 16 years, to participate in a sexual activity, then A commits an offence, to be known as the offence of causing an older child to participate in a sexual activity.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 42Sexual abuse of trustIn force
If a person (“A”) who has attained the age of 18 years— (a) intentionally engages in a sexual activity with or directed towards another person (“B”) who is under 18, and (b) is in a position of trust in relation to B, then A commits an offence, to be known as the offence of sexual abuse of trust.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 43Positions of trustIn force
(1) For the purposes of section 42, a person (“A”) is in a position of trust in relation to another person (“B”) if any of the five conditions set out below is fulfilled. (2) The first condition is that B is detained by virtue of an order of court or under an enactment in an institution and A looks after persons under 18 in that institution. (3) The second condition is that B is resident in a home or other place in which accommodation is provided by a local authority under section 26(1) of the Children (Scotland) Act 1995 (c. 36) and A looks after persons under 18 in that place. (4) The third condition is that B is accommodated and cared for in— (a) a hospital, (b) accommodation provided by an independent health care service, (c) accommodation provided by a care home service, (d) a residential establishment, or (e) accommodation provided by a school care accommodation service or a secure accommodation service, and A looks after persons under 18 in that place. (5) The fourth condition is that B is receiving education at— (a) a school and A looks after persons under 18 in that school, or (b) a further or higher education institution and A looks after B in that institution.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022
s. 5Abuse of position of trust: relevant positionsIn force
(1) The Sexual Offences (Northern Ireland) Order 2008 is amended as follows. (2) In Article 2 (interpretation), after paragraph (4) insert— (4A) “ The Department ” means the Department of Justice. . (3) In Article 28 (positions of trust), in paragraph (1)(b), for “an order made by the Secretary of State” substitute “regulations made by the Department” . (4) After Article 29 insert— Positions of trust: further categories (29A) (1) For the purposes of Articles 23 to 26, a person (A) is in a position of trust in relation to another person (B) if— (a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and (b) A knows that A coaches, teaches, trains, supervises or instructs B, on a regular basis, in that sport or religion. (2) In paragraph (1)— “ sport ” includes— any game in which physical skill is the predominant factor, any form of physical recreation which is also engaged in for purposes of competition or display, “ religion ” includes— a religion which involves belief in more than one god, a religion which does not involve belief in a god.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Sexual Offences Act 2003
s. 13Child sex offences committed by children or young personsIn force
(1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 5Rape of a child under 13In force
(1) A person commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and (b) the other person is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 9Sexual activity with a childIn force
(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Police, Crime, Sentencing and Courts Act 2022
s. 47Positions of trustIn force
(1) The Sexual Offences Act 2003 is amended as follows. (2) After section 22 insert— Further positions of trust (22A) (1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— (a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and (b) A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion. (2) In subsection (1)— “ sport ” includes— any game in which physical skill is the predominant factor, and any form of physical recreation which is also engaged in for purposes of competition or display; “ religion ” includes— a religion which involves belief in more than one god, and a religion which does not involve belief in a god. (3) This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21. (4) The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
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Sources and References
- Sexual Offences Act 2003, section 9 (Sexual activity with a child)(legislation.gov.uk).gov
- Sexual Offences (Scotland) Act 2009, section 28 (Having intercourse with an older child)(legislation.gov.uk).gov
- Sexual Offences (Scotland) Act 2009, section 31 (Causing an older child to participate in a sexual activity)(legislation.gov.uk).gov
- Sexual Offences (Northern Ireland) Order 2008, Article 16 (Sexual activity with a child)(legislation.gov.uk).gov
- Police, Crime, Sentencing and Courts Act 2022, section 47 (Positions of trust: sport and religion)(legislation.gov.uk).gov
- Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, section 5(legislation.gov.uk).gov
- Sexual Offences (Scotland) Act 2009, section 42 (Sexual abuse of trust)(legislation.gov.uk).gov
- Sexual Offences Act 2003, section 5 (Rape of a child under 13: life)(legislation.gov.uk).gov
- Sexual Offences (Northern Ireland) Order 2008, Article 12 (Rape of a child under 13: life)(legislation.gov.uk).gov
- Sexual Offences (Scotland) Act 2009, Schedule 2 (penalties: s.18 and s.19 life; s.28 ten years)(legislation.gov.uk).gov
- Sexual Offences Act 2003, section 13 (Child sex offences committed by children or young persons: five years)(legislation.gov.uk).gov
- Sexual Offences (Scotland) Act 2009, section 43 (Positions of trust)(legislation.gov.uk).gov