Sex & the Law

In Scotland, it is legal for men and women to have sex once they are over 16 years of age.  It is also legal for men to have sex with men if they are both over 16 years of age.

There are no specific laws in Scotland about women having sex with women, so provided both women consent and are above the age of consent, it is legal.

If a person has sex however with someone, under the age of 18, over whom they have a position of trust e.g. teacher, youth worker, carer or family member, then this is an offence and could be punished with a prison sentence. This includes any oral sex or sexual touching.

Consent is a term used in Scots Law to describe both or all people involved in sexual activity giving their free agreement to willingly participate in sex. Only people over the age of 16 are able to consent to sex. The laws on sex and sexual behaviour are designed to keep everyone safe – especially young people.

If you are under the age of 13

In the eyes of the law you are not seen as old enough to consent to sex, so any sexual activity with someone under 13 is illegal and viewed as rape or sexual assault.

You may be in a relationship and thinking about taking things further but before you do, you might want to talk to someone you trust about this and whether it is really what you want.

If you want to talk to someone you don’t know, Childline is a great place to start. You can access advice and information anonymously and no one needs to know you have contacted them.

Also, attending a local young people clinic is a great place to get advice and information and is completely confidential, unless you tell staff something that puts you or someone else at risk.

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 (consensual 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. They 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.

The most important thing to remember is that sex should be something you want and feel comfortable with. Talk to your partner about how to feel and if you don’t feel you can talk to someone else you can trust.

Also, make sure you have thought about contraception. Staff at local young people clinics will be able to advise you further and can also help you make your mind up about having sex or not.