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In each UK country, a man would commit rape if he intentionally penetrates with his penis the vagina, mouth or anus of another person, male or female, without that person’s consent or if they are under 13, as young people aged 12 and under are not legally able to give consent to any sexual activity.

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In England and Wales it is an offence to touch someone else with sexual intent if the other person has not consented to such touching and if the person carrying out the offence does not reasonably believe that the other person consented.

In Northern Ireland it is an offence (sexual assault) for a person intentionally to touch sexually another person without reasonable belief that they consented.

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Last updated April 2015 This factsheet summarises some of the key points of UK law relating to sexual behaviour. This factsheet is not currently available as a PDF.

A possible defence could be that one of the partners believed the other to be aged 16 or over.

Guidance from the Scottish Government acknowledges that not every case of sexual activity in under-16s will have child protection concerns, but young people may still be in need of support in relation to their sexual development and relationships.[2] A range of specific offences protect children under 13, who cannot legally give their consent to any form of sexual activity.

The maximum penalty could be life imprisonment for rape, sexual assault, sexual assault by penetration, or causing a young child to participate in sexual activity.

There is no defence that the accused believed that the child was older.

However, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.

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