This is a complicated issue that requires looking at UK law on the age of consent and the implications for physical intimacy between teenagers of different ages. While a 17 year old kissing a 15 year old may seem relatively harmless, there are legal considerations to keep in mind.
The Age of Consent in the UK
The age of consent – the legal age at which a person can agree to have sex – is 16 in the UK. This applies to both heterosexual and homosexual sex. However, the Sexual Offences Act 2003 provides some protections for children aged 13-15, recognizing their vulnerability to exploitation.
Under the Sexual Offences Act 2003, it is illegal for anyone to engage in sexual activity with a child under the age of 13. This applies to kissing, touching, or any sexual activity.
For teens aged 13-15, it is illegal for someone in a position of trust, like a teacher or coach, to engage in sexual activity with them. It is also illegal for anyone else to engage in sexual activity with a 13-15 year old if they do not reasonably believe they are over 16.
Implications for a 17 Year Old Kissing a 15 Year Old
So what does this mean for a 17 year old kissing a 15 year old in the UK? Since the age of consent is 16, a 15 year old cannot legally consent to any form of sexual activity. While kissing may seem relatively innocuous, in the eyes of the law any sexual touching of a child under 16 is unlawful.
For a 17 year old, kissing a 15 year old could be considered a criminal offence under Section 9 of the Sexual Offences Act 2003. This states that anyone over the age of 16 engaging in sexual activity with someone under 16 can face criminal charges.
The maximum punishments are:
- 14 years imprisonment if the offender is over 18
- 5 years imprisonment if the offender is under 18
Whether or not criminal charges would actually be brought is another matter. Prosecutors have discretion in deciding whether it is in the public interest to prosecute. They are meant to consider the nature and severity of the offence, as well as the ages of the people involved and the harm caused.
What Constitutes Sexual Activity Under the Law
Kissing would likely fall under the definition of “sexual activity” in UK law. According to legal guidance, sexual activity can involve:
- Penetrative sex
- Oral sex
- Masturbation of another person
- Kissing
- Touching over or under clothing
- Causing arousal
Therefore, legally speaking, a 17 year old kissing a 15 year old could meet the definition of sexual activity with a minor under 16. However, as mentioned earlier, whether or not criminal charges would be pursued is another matter.
What Are the Defences for a 17 Year Old?
If criminal charges were pursued against a 17 year old for kissing a 15 year old, there are some possible legal defences:
- Reasonable belief the minor was 16 or over: It may be a defence if the 17 year old reasonably believed the 15 year old was aged 16 or over. However, this depends on the circumstances – just relying on physical appearance may not be enough.
- Consent: Consent is not a defence as a 15 year old cannot legally consent. However, if the 15 year old physically initiated the kissing, this may sway a prosecution decision.
- No sexual motivation: If there was no sexual motivation behind the kissing, and it was just considered a romantic gesture, this may also sway a prosecution decision.
Ultimately, context and circumstances would be critical in determining if criminal charges were appropriate in a situation like this.
Changes to the Law
There have been some calls to change UK law when it comes to sexual activity between consenting teens close in age. Some argue that criminalising intimacy between a 17 year old and a nearly 16 year old serves little purpose. However, others argue the age of consent laws are there for good reason and help protect vulnerable young people from exploitation.
As it currently stands, while a 17 year old kissing a 15 year old could technically be illegal, whether it results in prosecution comes down to context, circumstances and public interest.
Guidelines for 17 Year Olds
To avoid breaking UK law, these are some guidelines 17 year olds should follow:
- Do not engage in any sexual touching or kissing with children under 16, to avoid criminal liability.
- Be aware that consent is never a defence for sexual activity with a minor.
- If your partner is close to 16, wait until they reach the legal age of consent before engaging in sexual activity.
- Always confirm your partner’s age first – do not just rely on their appearance.
- Be aware minors under 18 can still face child sex offence charges.
The Purpose and Spirit of the Law
While technically illegal in some cases, a 17 year old kissing a mature 15 year old is very different from predatory behaviour against a much younger child. However, the law has to draw a line somewhere, and has settled on 16 as the age of consent.
Ultimately, as a 17 year old it is important you respect both the letter and the spirit of UK law around sexual activity with minors. While close-in-age teenage relationships do occur, it is best to wait until both parties are 16. The possible criminal repercussions simply make it conduct best avoided.
Conclusion
In summary, under UK law it is technically illegal for a 17 year old to kiss a 15 year old, as the legal age of consent is 16. However, whether criminal charges would result depends on the context and circumstances of the case. While some argue the law should be changed for consenting relationships close-in-age, currently anyone over 16 kissing a minor under 16 is committing an offence. The best advice for 17 year olds is to avoid any sexual contact with those under 16 to stay on the right side of the law.