16 – 17 years
Sexual activity involving a 16 or 17 year old, though unlikely to involve an offence, may still involve harm or the risk of harm. Professionals should bear in mind the considerations outlined in this guidance in assessing whether harm is being suffered and should share information as appropriate.
It is an offence for a person to have a sexual relationship with a 16 or 17 year old if they hold a position of trust or authority in relation to them.
13 – 15 years
Where sexual activity involving children and young people below the age of legal consent (16 years) comes to the attention of agencies, it will not necessarily be appropriate to initiate safeguarding procedures. The age at which young people become sexually active has declined markedly in the past 50 years, with young women reporting their first sexual experience at 14 years and young men at 13 years, and it is important to distinguish between consensual sexual activity between young people of similar age where at least one is below the age of consent, and sexual activity where there is an imbalance of power and the child may be subject to coercion, abuse or exploitation.
The fact that a female under the age of consent becomes pregnant does not automatically trigger safeguarding procedures. The rights of a young mother to confidentiality and to have access to abortion counselling must be borne in mind. Where the pregnancy is as a result of intercourse between consenting young people, safeguarding procedures will not apply unless there are other matters of concern.
Decisions must be made on a case by case basis, on the basis of an assessment of the young person’s best interests. Cases of concern should be discussed with the nominated child protection lead within organisations and advice may be sought from the Safeguarding Unit.
In some circumstances, agencies and professionals must consider making a referral to Children’s Social Care. The considerations in the following checklist should be taken into account when assessing the extent to which a young person is suffering, or is likely to suffer, significant harm:
- the age of the young person. Sexual activity at a young age is a very strong indicator that there are risks to the welfare of the young person (whether male or female). The younger the age, the stronger the presumption that sexual activity will be a matter of concern
- the level of maturity and understanding of the young person, and their ability to make informed choices about sexual activity
- what is known about their living circumstances or background, and the circumstances of the sexual partner
- whether there appears to be an imbalance in the age or relative power of the participants
- whether there is reason to believe that the child or young person’s consent was secured by bribery, coercion or overt aggression
- history of child sex offences within the family
- the behaviour of the young person (e.g. withdrawn, anxious)
- whether the child denies or minimises concerns
- whether attempts to secure secrecy have been made by the suspected abusive sexual partner, beyond what would be considered normal in a teenage relationship
- whether the methods used are consistent with grooming
- whether the sexual partner(s) is known by an agency
- whether the young person was disinhibited as a consequence of substance misuse and unable to make an informed choice
- whether the young person has a history of being missing from home
- whether the young person is known to agencies
There must be a strategy discussion/meeting in most cases where the Police or Children’s Social Care believe that an offence may have been committed against the child or young person. However an exception to this may be where at least one partner in a sexual relationship is under the age of consent, but there is close proximity of age and understanding and there are no indicators that the relationship is anything other than consensual.
Any decision made by Children’s Social Care not to convene a strategy discussion must be made by a Team Manager and the decision and its rationale recorded.
The need to share information (e.g. through a referral to Children’s Social Care) with or without consent in order to protect the young person exists in tandem with the need to provide confidential sexual health services that encourage young people to seek help when they need it. Where the circumstances of a case suggest that safeguarding procedures should be initiated, the issue of confidentiality cannot override the need to safeguard the child. In these cases, the young person should be given a full explanation of why it is necessary to deal with the matter under the safeguarding procedures.
Under 13 years
Under the Sexual Offences Act 2003, young people under the age of 13 years are not capable of giving consent to sexual activity, and any offence under the Sexual Offences Act 2003 involving a child under the age of 13 years should always be taken to indicate that the child is suffering, or is likely to suffer, significant harm. Sexual activity in someone under the age of 13 will therefore always be a cause for concern and must be discussed with the nominated child protection lead within the organisation. If, exceptionally, a decision is taken not to refer the case to Children’s Social Care, this decision must be made by a senior manager and the case and the reasons for the decision fully documented
Where the allegation concerns penetrative sex (which is classified as rape if the child is under 13 years), or other intimate sexual activity occurs, there should be a presumption that the case will be referred to Children’s Social Care and that a strategy discussion/ meeting will be held involving the Police and other concerned agencies.
Ref:
Working Together 2010 Chapter 5 Para 5.25 – 5.31
GOOD PRACTICE GUIDANCE:-
- Power imbalances within a relationship can result from differences in size, age, material wealth and/or psychological, social and physical development. In addition gender, sexuality, race and levels of sexual knowledge can be used to exert power.
- Whilst a large age differential could be a key indicator of a power imbalance e.g. a 15-year-old girl and a 20-year-old man, practitioners should be aware that a 14 or 15 year old boy, supported by a group of his peers, is able to exert very real pressure over a girl of the same age or older.
- A sexual predator may sometimes be a woman or girl and the victim a boy.
- Disabled children and young people may be particularly vulnerable to coercion due to physical dependency or because a learning disability or a communication difficulty means that it is not easy for them to communicate their wishes to another person. This increases the risk that a sexual relationship may not be consensual.
