Now the NHS tells children aged 13: It’s OK to have sex
After MoS revealed SNP’s ‘charter for teen sex’, new row f lares...
NHS Scotland has published advice for children as young as 13 telling them they ‘won’t get into trouble’ for having underage sex.
Despite the law being clear that sex between under-16s is illegal, the health service tells teenagers the law ‘isn’t designed to punish people of the same age who both agree to sex’.
It tells 13 to 15-year-olds it is ‘highly unlikely’ they will get into trouble, as long as there is not a big age gap and both consent. It adds ‘the most important thing to remember is that sex should be something you want and feel comfortable with’.
The law – specifically Section 37 of The Sexual Offences (Scotland) Act 2009 which relates to youngsters aged 13-15 – makes it clear that ‘engaging while an older child in sexual conduct with or towards another older child’ is an offence.
However, NHS Lanarkshire advises teenagers: ‘If you are aged 13-15, any sexual activity with someone in this age group is against the law, but the law is there to protect young people who might be being abused or taken advantage of by someone older, it isn’t designed to punish people of the same age who both agree to sex.
‘You will not get into trouble by talking to a doctor, nurse or someone else in a sexual health clinic if you are having sex, thinking about having sex or accessing contraception before you are 16.’ It re-ignites the row over new Scottish Government guidance revealed by The Scottish Mail on Sunday last week which critics say effectively lowers the age of consent to 13 by prioritising children’s confidentiality over alerting parents or other authorities.
The Roman Catholic Church called the health service advice ‘lamentable’, adding: ‘The NHS Lanarkshire advice to children on sex and the law is recklessly irresponsible and should be investigated by Police Scotland as it appears to constitute an incitement to commit a criminal offence.
‘The dangerous advice misrepresents the criminal law and fails completely to protect the mental, physical and emotional health of Scottish children.’
The NHS Lanarkshire advice on ‘Sex & the Law’ says: ‘In Scotland it is legal for men and women to have sex once they are over 16 years of age,’ and ‘only people over the age of 16 are able to consent to sex’.
But it then tells teenagers medical staff ‘will only pass on information if they think you or someone else is in danger...
‘It’s highly unlikely you will get into trouble with the law as long as there is not a large age difference between you and your partner and you both agree (consent) to sex.’
Simon Calvert, depute director of
The Christian Institute, said: ‘How any NHS body could sign off on this appalling advice is beyond me. This is a serious child protection failure. There must be an investigation into how this guidance came to be issued.
‘Sex with a child is illegal for very good reasons. For a start, they are too young to understand the enormity of engaging in sexual relations. And they are very vulnerable to being manipulated, including by other children. Is it ever right for an adult to tell a 13-year-old, “The most important thing to remember is that sex should be something you want and feel comfortable with”?
‘Surely the most important message they need to hear is, “You are only 13 years old. Nobody should be having sex with you”.’
Jo Bisset, organiser for parent campaign group UFT Scotland, said: ‘What are parents, and indeed young people, supposed to think when the law says one thing but major public bodies like the NHS say quite the other?’
Scottish Conservative spokesman for Children and Young People Meghan Gallacher said: ‘When uncertainty is created around areas like the legal age of consent, it confuses youngsters and presents opportunities for those who would seek to harm vulnerable children.’
Kerri Todd, NHS Lanarkshire’s head of health improvement, said: ‘Our advice clearly states that the legal age of sexual activity is 16 years and that any sexual activity with someone in the 13-15 age group is against the law.
‘Our webpage was created after extensive consultation with local young people, NHS Lanarkshire and wider staff groups across multiple agencies, including those who work with young people. Young people have a right to confidentiality which would only be broken if there was a safeguarding issue.’