UK Age of Consent and Sexual Offences Act 2003

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Questions and Answers

In the UK, what is the age of consent, irrespective of gender identity or sexual orientation?

  • 18 years old
  • It varies by region
  • 16 years old (correct)
  • 14 years old

According to UK law, which statement accurately reflects the legal perspective on sexual activity involving individuals under the age of 13?

  • It is permissible with parental consent.
  • It is a grey area, and each case is judged individually.
  • It is legal if both individuals are close in age and mutually consenting.
  • Consent can never be legally given by a person under the age of 13. (correct)

Which of the following is NOT a core element of consent?

  • Choice, involving respect and agreement
  • Enthusiastic verbal affirmation (correct)
  • Freedom to choose without coercion
  • Capacity to understand the choice

What is the primary intention of laws regarding underage sexual activity?

<p>To protect children from abuse or exploitation. (A)</p> Signup and view all the answers

A social worker discovers that a 12-year-old has been involved in sexual activity. What action should the social worker consider?

<p>Consider a child protection referral, and justify and record any decision not to make one. (B)</p> Signup and view all the answers

Which scenario most clearly indicates a potential lack of 'freedom' in the context of consent?

<p>One individual persistently asking another, despite initial refusals, until the person agrees. (D)</p> Signup and view all the answers

Which situation would most likely raise concerns regarding 'capacity' to consent?

<p>An individual with a learning disability agreeing to sexual activity they don't fully understand. (A)</p> Signup and view all the answers

Why is it crucial to view underage sexual activity as a possible indicator of child sexual exploitation?

<p>To identify and protect children who may be victims of manipulation, coercion, or abuse. (D)</p> Signup and view all the answers

What factors should be considered when assessing consent in a situation involving a power imbalance?

<p>The age difference, influence of alcohol, pressure, and whether 'no' was an option. (C)</p> Signup and view all the answers

Which action should be prioritized following the discovery of sexual activity involving a child under the age of 13?

<p>Considering a child protection referral. (D)</p> Signup and view all the answers

Flashcards

Age of consent in the UK

The legal age in the UK at which a person can engage in sexual activity; applies regardless of gender or sexual identity.

Age under which consent is impossible

Sexual activity involving a child under this age is always illegal, and the child is deemed unable to give consent.

Child protection referral (under 13)

A referral that must be considered following any sexual activity involving a child under 13 in order to protect the child.

The Three Elements of Consent

Choice, freedom, and capacity are required. A person must be able to choose, be free from pressure, and understand the choice they are making.

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Factors affecting consent

Factors such as pressure, threats, power imbalance, and the influence of substances can compromise someone's ability to give free consent.

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Study Notes

  • In each UK nation, the age of consent is 16.
  • The age of consent is the same regardless of gender identity, sexual identity and whether the sexual activity is between people of the same or different gender.
  • All sexual activity involving under 16’s is illegal.
  • contextual factors are relevant when considering responses.
  • The law is there to protect children from abuse or exploitation.
  • The law isn't there to prosecute under-16s who participate in mutually consenting sexual activity.
  • Underage sexual activity should always be seen as a possible indicator of child sexual exploitation.
  • Anyone under the age of 13 can never legally give consent, per the Sexual Offences Act 2003.
  • Following any sexual activity involving a child under 13, a child protection referral must be considered.
  • Any decision not to make a referral must be justified and recorded.
  • Choice, respecting and agreeing.
  • Freedom, to choose without pressure from the other.
  • Capacity, to understand the choice.

Relevant factors

  • Was “no” an option?
  • Pressure.
  • Pestering.
  • Bribery.
  • Emotional blackmail.
  • Threats.
  • Intellectual ability.
  • Power imbalance.
  • Age.
  • Age difference.
  • Influence of alcohol/drugs etc.

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