Underage sex at 14 is NOT a crime, says NHS advice
Guidelines ‘lowering age of consent’
NEW NHS guidelines on underage sex effectively lower the age of consent in Scotland to 14, critics claim.
Health workers have been told only to report underage sex if children are aged 13 or younger, or if there are child protection concerns.
The move means 14 and 15-yearolds now have the go-ahead to have ‘mutually agreed’ sex.
Instead of alerting the authorities, health workers must ‘support’ the youngsters with advice and treatment, despite 16 being the official age of consent.
According to the law, sex with anyone underage is a criminal offence punishable by up to ten years imprisonment. But with experts claiming almost a third of teenagers are sexually active before they reach 16, the NHS has told sex health professionals to adopt a ‘posiYoung tive attitude towards young people’s sexuality and relationships’.
The guidance has been published by the NHS for staff working in sexual health clinics.
It flies in the face of the law on underage sex, telling medics they should offer advice and treatment as part of the ‘normal sexual development of young people’.
Only in cases where a child is sexually active aged 13 or under, or where there are specific concerns that a child is vulnerable, should NHS staff report the matter to police or social workers.
And health workers should not view the law as an ‘obstacle’ to giving out sex advice and treatment.
The West of Scotland Protocol on People who are Sexually Active is published by the West of Scotland Managed Clinical Network on Sexual Health.
It states: ‘The law must protect young people from abuse but it should not be an obstacle to their ability to get help and advice when they need it.
‘Where young people are accessing sexual health services, it is crucial that professionals do not confuse child protection issues with the normal sexual development of young people. The legal age of capacity in Scotland is 16 but those under 16 can consent to medical treatment (which includes contraception) provided they are capable of understanding the nature and possible consequences of treatment.’
It adds that underage children have the ‘right’ to medical treatment ‘including contraception and termination of pregnancy’, and although it is ‘preferable’ for their parents to be involved, this is not always ‘possible or advisable’.
Only when a child is under the age of 13 are doctors and nurses required to report that they are sexually active to police, social workers or their Named Person, ‘depending on the details of the sexual activity’. The age of consent means the age at which someone is legally allowed to decide to have sex. But in practice, the laws are used to protect children who are being sexually abused or exploited, rather than to prosecute mutually consenting teenagers.
A spokesman for the Catholic Church in Scotland said: ‘To suggest that sexual activity between 13 and 14 year olds could be considered as “the normal sexual development of young people” is in direct contradiction of the law.
‘Sexual behaviours by children aged 13, 14 or 15 will result in emotional harm and will inevitably be exploitative.’
Norman Wells, director of the Family Education Trust, said: ‘The relaxed attitude towards sex under the age of 16 in this guidance nullifies the age of consent law and the protection that it is designed to give to vulnerable young teenagers.
‘This contempt for parents combined with contempt for the age of consent law forms a deadly cocktail that will place children and young people at increased risk of harm.’
But a spokesman for the West of Scotland Managed Clinical Network on Sexual Health said: ‘All young people attending sexual health services are subject to a robust risk assessment.
‘All health professionals have a duty of care to young people to act in their best interests and will involve relevant professionals when appropriate.’
A Scottish Government spokesman backed the new guidelines, saying: ‘Encouraging young people not to have sex until they are ready for mature relationships is key to effective sex and relationship education.
‘But if young people are already sexually active, they should have access to sexual health services and information when they need it.’
‘Placing them at increased risk of harm’