The law protecting children from sexual abuse and exploitation in England and Wales is set out in the Sexual Offences Act 2003. This article explains, in plain English and for general information, how the law defines these offences, the age of consent, and the penalties. It is educational only, anyone affected by these issues, or facing an allegation, should seek appropriate help and legal advice immediately.
The age of consent is 16
In England and Wales the age of consent to any sexual activity is 16. Sexual activity with a person under 16 can be a criminal offence, even where the young person appears willing, because the law sets a minimum age below which a child cannot give valid consent in this context.
Children under 13: the strongest protection
The Act gives the strongest protection to children under 13. For these offences (broadly sections 5–8), a child under 13 is treated as unable to consent in law at all, and it is no defence to claim a reasonable belief that the child was older. The principal offences include:
- rape of a child under 13 (section 5);
- assault of a child under 13 by penetration (section 6);
- sexual assault of a child under 13 (section 7); and
- causing or inciting a child under 13 to engage in sexual activity (section 8).
The most serious of these carry a maximum sentence of life imprisonment.
Children aged 13 to 15
Where the child is 13, 14 or 15 (but under 16), separate offences apply (broadly sections 9–13), such as sexual activity with a child and causing or inciting a child to engage in sexual activity. These too are serious offences with substantial maximum penalties (up to 14 years for some).
For this age group, a limited "reasonable belief in age" consideration can be relevant, but it does not apply to offences against children under 13.
Offences by young people
The Act also recognises that offenders can themselves be young. Section 13 deals with offences committed by a person under 18, generally carrying lower maximum penalties than where the offender is an adult. Decisions about prosecuting young people involve careful consideration of the public interest.
Abuse of a position of trust
There are additional offences (around sections 16–24) where an adult in a position of trust (for example, a teacher or carer) engages in sexual activity with a young person in their care, recognising the power imbalance, with protection extending in those circumstances.
Other key features
- The law is gender-neutral, offences and protection apply regardless of the sex of those involved.
- Convictions can lead to notification requirements (the "sex offenders' register") and other orders designed to protect the public.
- Related offences address grooming, abuse of children through images, and sexual exploitation.
If you are affected
- Victims and survivors: support is available from the police and specialist organisations; in an emergency call 999.
- Safeguarding concerns about a child: contact the police or your local authority's children's services.
- If you are accused of an offence: seek specialist criminal defence advice immediately before answering questions.
Key takeaways
- The age of consent in England and Wales is 16, under the Sexual Offences Act 2003.
- Children under 13 receive the strongest protection (sections 5–8): they cannot consent in law, belief in age is no defence, and offences carry penalties up to life imprisonment.
- For ages 13–15 (sections 9–13), serious offences apply with substantial penalties; offences by under-18s (s 13) carry lower maxima.
- Additional protection covers positions of trust; the law is gender-neutral, with notification requirements on conviction.
Sources
- Sexual Offences Act 2003 (age of consent; offences against children under 13 (ss 5–8) and children under 16 (ss 9–13); offenders under 18 (s 13); abuse of position of trust (ss 16–24))
- Sentencing for sexual offences (Sentencing Council guidelines); notification requirements for offenders
- Safeguarding routes (police; local authority children's services)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. If you are affected by these issues or facing an allegation, seek appropriate support and consult a qualified criminal solicitor without delay.