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Created on: November 27, 2009 Last Updated: November 28, 2009
The first step towards understanding this question is to realise that the U.K is in fact not just one country, but 4 countries (England, Scotland, Ireland and Wales) joined together in unity. This means that each country has the right to adapt its laws to better suit its society and culture. This does not mean there are wild variations between the ages of consent between the four nations; however an outline of their laws is shown below.
>>England & Wales<<
The minimum age a person can legally have heterosexual intercourse in these two countries is 16 years of age, this is outlined by the "Sexual Offences Act 2003".
Despite the age limit being 21 until the mid-1990's, the current age for homosexual intercourse is 18 years of age. This has been met by heated debate amongst politicians, some of which believe the higher age limit should be reintroduced, whilst others are arguing for lowering the limit to 16 years of age as to avoid discrimination and to make the system easier to understand.
>>Scotland<<
Scotland is perhaps more liberal with its current laws regarding the minimum age of consensual sex. The age for sex between a male and a female is in line with England and Wales, however notably the age for homosexual sex between two males or two females is also 16 in Scotland. This because of recent legislation (Sexual Offences (Amendment) Act 2000,) which has ruled that the ages of all sex should be standardised to 16 years of age.
>>Northern Ireland<<
Because of the Sexual Offences (Northern Ireland) Order 2008, the current age of consent is 16, regardless of gender and sexual orientation. This has not always been the case, as until as recently as 1982 sexual acts between homosexuals were entirely illegal until legislation legalised them and set the age of consent to 21. This has gradually decreased over time, largely down high profile law suits held against the government. In 2000 the age for homosexual acts was lowered to 17, which at the time was also the age required for heterosexual intercourse. The most recent piece of legislation outlined in the introduction was passed in order to make Northern Ireland's laws more similar to those upheld in the rest of the United Kingdom.
>> Logic behind the Laws<<
There is a responsibility to be held by people who partake in either heterosexual or homosexual acts. Sexual intercourse (or indeed any sexual act) between a male and a female can result in pregnancy if the correct precautions are not taken. It has been deemed by government that people under the age of 16 do not have the responsibility to use contraceptives properly, raise a child or indeed deal with complex issues such as abortion, adoption and handling contracting sexually transmitted diseases.
Laws dictating homosexual acts have largely been influenced by the religious and cultural stigma that has been attached to homosexual behaviour for centuries. Views regarding homosexuality have gradually become more liberal, especially in the modern age, and this has been one of the leading factors upon the age at which homosexuals can legally have consensual sex. It should not be forgotten that sexually transmitted infection can spread just as easily through homosexual sex as heterosexual and for this reason it is still important to carefully consider the use of contraceptives and STI checks. It should also be noted that HIV/AIDS is a larger problem within the male homosexual community and this may be one of the key reasons higher age limits are still found in many countries, such as England and Wales.
Learn more about this author, Jamie Craig.
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