Consent and age of consent
The Sexual Offences Act 2003 governs England and Wales and defines consent in section 74 as agreement by choice, where the person has the freedom and capacity to make that choice. Scotland has its own Sexual Offences (Scotland) Act 2009, with a similar definition and a list of circumstances where free agreement is absent. Marital rape has been a crime throughout the UK since 1991.
Key points
| Age of consent | 16 in all four nations |
|---|---|
| Position of trust | 18 where the adult holds a position of trust, extended in 2022 to sport and religious settings |
| Definition of consent | Agreement by choice, with freedom and capacity; intoxication to the point of incapacity vitiates consent |
| Evidential presumptions | Apply where violence, unconsciousness or detention is involved |
| Marital rape | A crime since the House of Lords decision in 1991 |
| Stealthing | Removing a condom without consent has been prosecuted as rape |
| Limitation | None for serious sexual offences |
| Reasonable belief | The defendant must have reasonably believed in consent; drunken assumption is not enough |
| Independent advisers | Independent sexual violence advisers support complainants through the process |
| Section 28 | Pre-recorded cross-examination is available for vulnerable complainants |
In practice
- Ask for an independent sexual violence adviser at the first contact with the police.
- Sexual assault referral centres can store forensic evidence without an immediate report.
Recent changes
Anonymity for complainants in sexual offence cases is automatic and lifelong, and independent sexual violence advisers are now widely available.
Where to go
- Rape Crisis England and Wales free 24/7 line 0808 500 2222; Rape Crisis Scotland 08088 01 03 02.
- Sexual Assault Referral Centres (SARCs), which provide medical care and forensic storage without police involvement.
- The Survivors Trust for male and female survivors.
Worth knowing
A SARC can examine and store forensic evidence without any police report. That preserves your options for months while you decide. You can attend a sexual assault referral centre without reporting to the police. Evidence is preserved while you decide.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Domestic Abuse Act 2021 created a statutory definition covering physical, sexual, emotional, economic and coercive or controlling behaviour, and recognised children as victims in their own right. Civil protection comes from non-molestation and occupation orders under the Family Law Act, and new Domestic Abuse Protection Orders are being rolled out.
Key points
| Definition | Includes coercive control and economic abuse; children who see or hear abuse are victims |
|---|---|
| Non-molestation order | Available without notice in urgent cases, breach is a criminal offence |
| Occupation order | Regulates who may live in the family home |
| Coercive control | A criminal offence since 2015, extended to post-separation abuse |
| Clare's Law | Right to ask and right to know about a partner's abusive history |
| Legal aid | Available for family proceedings where there is evidence of domestic abuse |
| Immigration | The destitution domestic violence concession assists some spouses on partner visas |
| Domestic Abuse Act 2021 | Created a statutory definition including economic abuse and children as victims |
| Protection notices and orders | Police can impose immediate protection pending a court order |
In practice
- Ask the police about a domestic violence protection notice: it can take effect the same day.
- Use the right to ask under the disclosure scheme if you have concerns about a new partner.
Cost and coverage
Legal aid is available for protective orders where abuse evidence is provided; applications for non-molestation orders carry no court fee.
Recent changes
Domestic Abuse Protection Orders, piloted from 2024, are designed to combine the strengths of the existing orders and can impose positive requirements on perpetrators.
Where to go
- National Domestic Abuse Helpline 0808 2000 247, free, 24/7 (Refuge).
- Scotland's Domestic Abuse and Forced Marriage Helpline 0800 027 1234; Northern Ireland 0808 802 1414.
- Men's Advice Line 0808 8010 327; Galop 0800 999 5428 for LGBT+ victims.
Worth knowing
Evidence of abuse unlocks legal aid in family cases. Keep copies of anything a solicitor could use: medical letters, police reference numbers, refuge letters or a GP note. Economic abuse is expressly included in the statutory definition. Controlling money, debt or employment is abuse in law, not merely in description.
The general article: Domestic violence · Compare with another country
Female genital mutilation
FGM Protection Orders, a mandatory reporting duty for professionals, and extraterritorial reach.
The United Kingdom has one of the most developed legal frameworks anywhere. The offence covers carrying out, assisting or arranging FGM, including abroad where the girl is a UK national or resident. Two features are distinctive: civil FGM Protection Orders, which a court can make urgently to stop a girl being taken abroad, and a mandatory reporting duty requiring health, social work and teaching professionals to report known cases in under-18s to the police.
Three tools work together in the UK: the criminal offence, the FGM Protection Order, which a court can make quickly to stop a girl being taken abroad and can include surrendering a passport, and the mandatory reporting duty, under which health, education and social-care professionals must report known cases in under-18s to the police. Convictions remain rare; the orders are used far more often, and that is the point — they prevent rather than punish.
Key points
| Statute | Female Genital Mutilation Act 2003; separate Act in Scotland |
|---|---|
| Maximum sentence | Fourteen years |
| Extraterritorial | Applies to acts abroad involving a UK national or resident |
| Protection Orders | Civil orders available urgently, including to seize passports |
| Mandatory reporting | Professionals must report known cases in under-18s to the police |
| NHS clinics | Specialist services including deinfibulation and reconstruction |
| Affected population | Estimated well over a hundred thousand women living in the UK |
In practice
- If you fear a girl may be taken abroad, apply for an FGM Protection Order: it can be made within days and can remove passports.
- Health professionals must report known cases in under-18s — that duty overrides confidentiality.
- NHS specialist clinics provide deinfibulation and psychological support free of charge.
- A medical letter recorded before travel is used as a protective measure.
Cost and coverage
NHS care, including deinfibulation, is free; Protection Order applications do not require a lawyer.
Where to go
- NSPCC FGM helpline, free and anonymous.
- NHS FGM specialist clinics.
- Family courts for FGM Protection Orders.
Worth knowing
Taking a girl abroad to be cut is an offence in the United Kingdom even where it is lawful at the destination. The law follows residence, not nationality alone.
Frequently asked questions
What is an FGM Protection Order?
A civil court order that protects a girl at risk. It can bar travel, require a passport to be handed in, and impose conditions on named adults. It can be applied for by the girl herself, a relative, a local authority or the police, and can be made urgently, sometimes within a day. Breaching it is a criminal offence.
Does the mandatory reporting duty apply to me?
It applies to regulated health and social-care professionals and teachers, and only to known cases in girls under eighteen — either a disclosure or something they observe. It is a duty to report to the police, not a matter of discretion. Other concerns, including risk to an unborn or younger child, go through normal safeguarding routes.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Section 72 of the Sexual Offences Act 2003 removes the need for the conduct to be an offence in the country where it happened.
Section 72 of the Sexual Offences Act 2003 gives the courts jurisdiction over sexual offences against children committed abroad by a United Kingdom national or a UK resident, and for most offences it dispenses with the requirement that the act also be criminal locally. Sexual harm prevention orders can bar a person from travelling, and the sex offenders register requires notification of foreign travel.
Key points
| Basis | Sexual Offences Act 2003, section 72 |
|---|---|
| Who is covered | UK nationals and UK residents |
| Dual criminality | Not required for most child sexual offences |
| Travel bans | Sexual harm prevention orders can prohibit foreign travel |
| Register | Notification of foreign travel required for registered offenders |
| Reporting | Police, the national crime agency, or the charity hotline |
| Time limits | No limitation period for indictable sexual offences |
In practice
- Report to the police on return — there is no time limit for these offences.
- A traveller who witnesses something can report it without knowing the person's identity.
- Travel bans exist and are used: a conviction can end a person's ability to leave the country.
- Local tolerance is irrelevant: section 72 removes dual criminality precisely for that reason.
Where to go
- Police, by calling 101, or 999 if a child is in immediate danger.
- National Crime Agency — CEOP reporting.
- Crimestoppers, anonymous reporting.
- British embassy or consulate in the country concerned.
Sources
- CEOP — National Crime Agency — report child sexual abuse, including overseas
- legislation.gov.uk — Sexual Offences Act 2003 — section 72, offences outside the United Kingdom
- Crimestoppers — 0800 555 111 — anonymous reporting
The general article: Sexual offences committed abroad · Compare with another country
General sources
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised