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What is sexual contact, and is it illegal to have any sexual contact with someone under 16?

Tagged as: Sex, Teenage<< Previous question   Next question >>
Question - (29 July 2008) 4 Answers - (Newest, 12 February 2009)
A age 30-35, anonymous writes:

i just wondering if u could help me

what is sexual contact???

is it illgal to have any sexual contact with a person who is younger than 16?

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A male reader, dannabo United States +, writes (12 February 2009):

dannabo agony auntGive up this idea completely. Do you want any person who is still a kid to go thorough life molested? ANYWAY, WHY WOULD YOU WANT TO DO SUCH A THING. GIVE THE KID A HUG AND LET IT GO AT THAT.

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A male reader, Uncle Sneaker United Kingdom +, writes (29 July 2008):

Uncle Sneaker agony auntThe legal definition of sexual contact is "touching intimate parts of the body, including thighs, genitals, buttocks, the pubic region or the breast/chest area or the clothing covering those parts and/or using intimate parts of the body to touch another individual".

The Sexual Offences Act 2003 (UK) makes ANY sexual activity illegal where one or both of the participants is under 16, and this does include kissing or hugging "in a manner that suggests sexual arousal or sexual pleasure" in public, although the law also makes it clear that it would not be normal to prosecute those under 16 if the actions were by mutual consent and did not involve stimulation of the genitals. I don't think any prosecution has ever (yet) been brought in the UK against anyone under 16 for consensual sexual contact with someone of the same age, but the 2003 Act makes it quite clear that it is a crime.

As Angela.B points out, any touching of any part of the body without permission is an assault (with certain exceptions that still exist - for example, in England and Wales it remains legal for parents to use "reasonable chastisement" like a good smack on the backside for a child who thoroughly deserves it). Other than that, it doesn't have to be sexual for it to be an illegal assault.

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A female reader, Angela.B United Kingdom +, writes (29 July 2008):

Angela.B agony auntFirstly given your age and the nature of your question if you are at all concerned that someone has behaved towards you inappropriately or you are upset about something PLEASE speak to a responsible adult as soon as possible.

If you don't feel you can talk to anyone you know, you can call Childline on 0800 1111. It doesn't cost anything and they are very understanding and helpful.

If you are just asking out of curiosity, then read on!

What makes something "sexual contact" isn't so much the thing that is done, but the reason for doing it. For example, a boyfriend touching you in a private place is definately sexual contact. But if a doctor needed to touch you there while examining you it isn't.

So keeping in mind it is the reason for doing something that is important, even kissing could be said to be sexual contact in some situations.

16 is the "age of consent" to sexual intercourse, in other words the age at which you are old enough to agree to have sex. Below that age even if someone says "yes" the law presumes they were not capable of deciding that and says the answer is "no" for everyone.

We have the right (at any age) not to be touched in a way we don't want to be - it doesn't have to be sexual contact, but any contact. When someone does touch us in a way we don't want it is called assault. In other words if someone does something we don't like we can say so and if they carry on it is illegal.

The law offers extra protection to children because they can't always say "no don't do that" and presumes when the intention in sexual that they always say "no", especially when it is an adult involved. When it is two children involved then depending on the circumstances it might be deemed "ok" - no one is going to arrest anyone for kissing their boyfriend!

It's a pretty complicated subject, and only a lawyer would be able to give you a full response and if they did it would probably be many pages long!

But I hope that gives you an idea, and if you are at all concerned about anything that has happened then please don't rely on a website to find out if it was ok or not - talk to an adult you know and trust, or phone childline.

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A female reader, aphexinfinite United Kingdom +, writes (29 July 2008):

aphexinfinite agony auntyes it is illegal to have sexual intercourse with anyone under the age of 16 in the uk.. here is a web page that will be able to explain it for you http://www.brook.org.uk/content/M5_1_consent.asp .. though hugging and kissing is ok aphex xx

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