The legal framework
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
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- 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.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised