Can You Go to Jail for Kissing a Minor?
Most people are aware of the laws regarding sexual relations with a minor in the UK, however, there is some confusion over kissing. There are different laws between Scotland and Northern Ireland in comparison to England and Wales, so let’s show you what you need to know.
The Legal Age of Consent in UK Laws
The legal age of consent in UK laws is 16 and this is for both boys and girls. This means that anybody under the age of 16 is not allowed to consent legally to any form of sexual activity as they are not considered able to have the capacity and the freedom to do so in the eyes of the law. Kissing a minor can be considered illegal if it amounts to sexual activity under the Sexual Offences Act 2003.
In Scotland, the law prohibits anyone from being involved in any sexual act, including kissing, with anyone under the age of 13. It is also a criminal offence for individuals aged 16 or older to have any kind of sexual contact with individuals aged 14 or 15. However, young people aged 13, 14, or 15 can lawfully consent to activities like touching and kissing with each other, provided they freely consent and there is no pressure.
What Factors Indicate If Kissing a Minor Is an Illegal Act?
The types of factors involved can include:
- Evidence of coercion or exploitation.
- If the maturity of either party is brought into question.
- If there is an instance of a duty of care between the parties, for example, between a teacher and a student.
- The nature and existence of a relationship between the parties.
- Both parties’ ages.
According to Section 9 of the Sexual Offences Act 2003 in the UK, an offence can arise in a number of ways:
- If a person aged 18 or over commits an offence if they intentionally touch another person and/or if the touching is sexual and the other person is under 16 and the adult does not reasonably believe that the other person is 16 or over or is under 13.
- It may also be considered a criminal offence if somebody has been found to have incited a child to engage in sexual activity.
If a child is a family member, a specific offence could be brought in under Section 25 of the Sexual Offences Act.
When Is Kissing a Minor Not Illegal?
There are numerous examples where it would not be considered illegal and would not be investigated by prosecuting authorities such as:
- A parent kissing their child in public, including on the lips.
- Consenting minors kissing, but in circumstances that raise no extra concerns.
- Kissing a family member on the cheek.
Can You Go to Jail for Kissing a Minor?
If an individual is found guilty of kissing a minor in the UK, the potential consequences will depend on where it is considered to amount to sexual activity according to the Sexual Offences Act 2003. If an offender is over 18, they could face imprisonment for up to 14 years if the case is heard in the Crown Court. If the offender is under 18, the maximum sentence is 5 years, and in cases heard in the Magistrates Court, an offender could face imprisonment for up to six months, a fine, or both, and may result in being added to the sex offenders register. In any case, it is essential to have the appropriate legal support to ensure a fair outcome for everyone.
