The Law
It is legal in England and Wales to have sex once a young person is 16. This applies to young men and young women having sex together and also young people of the same sex.
We know that young people under 16 do have sex, although the average age of first sex is 16. Prosecutions for having sex under 16 are rare as long as both people have consented, that there is no evidence of exploitation and there is not a large age difference.
If sex under 16 is illegal, how can doctors and nurses give contraception?
Although it is an offence to have sex under 16 it is not an offence for doctors and nurses to provide contraception advice and treatment to young people under 16 when they feel they need this. There is guidance for doctors and nurses to follow which is sometimes called the Fraser Guidelines.
These guidelines are designed to ensure that the young people being given the advice and treatment are mature enough to make the decision to have sex and use contraception and understand the treatment. The guidance will also encourage young people to involve their parents or a trusted adult if they feel able to do this.
Will the doctor or nurse tell the parents or others like social workers or police that my child is having sex?
Doctors and nurses have to keep everything young people talk to them about private, even if they are under 16. The only reason this would not happen is if a professional thought your child was being seriously hurt in some way OR if they were under 13. Even if this was the case they should talk to your child first about what they were going to do before they did it.
Involving parents and carers
As a parent or carer, you do not need to give your permission for your child to access a contraception or sexual health service, but professionals will encourage young people to be open with their parents. If you already talk to them about relationships and sex, the chances are they will feel confident enough to confide in you.
