Sex Crime Law Overhaul to Mandate Rape Charges for Adults Who Abuse Children Under 16

Ministers say adults who exploit children will no longer rely on perceived consent as a defence.

A teenage girl, a victim of sexual abuse, in Rotherham, England, on Sept. 3, 2014. Christopher Furlong/Getty Images

Changes in law in England and Wales, pledged by the government, are intended to close prosecution loopholes for adult sex offenders while ensuring that genuine teenage relationships are not inadvertently subjected to the same legal scrutiny.

Home Secretary Yvette Cooper has committed to legislative change so that any adult who engages in penetrative sex with a child under the age of 16 will automatically face a rape charge, regardless of the child’s apparent consent or perceived maturity.

The proposed reform, which will require amendments to the Sexual Offences Act 2003, follows a national audit by Baroness Louise Casey into group-based child sexual exploitation.

The review found that in many cases involving children aged 13 to 15, adult offenders were not charged with rape owing to a “grey area” in the law that allowed for the consideration of consent, despite the legal age of consent being 16.

In other cases, rape charges were downgraded because victims were perceived to have been “in love with” or to have “consented to” sex with the perpetrator.

According to Casey, this legal ambiguity exists in part to avoid criminalising individuals who reasonably believed a child was older, or to avoid prosecuting consensual relationships between teenagers.

“But in practice, this nuance in law is being used to the benefit of much older men who had groomed underage children for sex,” the report concludes.

‘Children Are Children’

According to Rape Crisis England and Wales, the review is a “difficult read” but offers hope for justice if its recommendations are fully implemented and centred on survivors’ voices.

One such voice is Sammy Woodhouse, a survivor of the Rotherham grooming scandal and a prominent advocate against child sexual abuse. She described the government’s proposed legal change as “common sense.”

Woodhouse was just 14 when she was forced to terminate a pregnancy and subsequently got pregnant again at 15 by her groomer, Arshid Hussain, who was 25 at the time.

In 2015, she testified against Hussain in court, who was convicted of 23 charges against nine victims and sentenced to 35 years in prison.

“Children are children, they can’t consent. And I think current laws are blurring the line,” Woodhouse told The Epoch Times.

She rejected the perception of young children being the groomers’ “girlfriends.”

“It’s child rape and it’s victim blaming,” she added.

Ministers plan to conduct close consultations with the Crown Prosecution Service and police in developing the legislative changes, acknowledging that charging decisions ultimately lie with them.

Teen Relationships

The government will also “carefully consider the changes” to limit the risk of criminalising young people in genuinely consensual relationships.

Under current UK law, sexual activity under the age of 16 is illegal, even if both individuals consent. However, the law is generally applied with discretion in cases involving teenagers close in age, particularly those aged 13 to 15.

Prosecutors typically refrain from pursuing charges against young people in consensual peer relationships unless there are concerns about exploitation, coercion, or a significant age gap.

Children under 13 are treated differently: any sexual activity involving them is automatically considered a serious offence, such as rape, as they are deemed legally incapable of consent.

To further safeguard teenage relationships from inappropriate prosecution, the government has included a clause in the upcoming Crime and Policing Bill, which is informally known as the “Romeo and Juliet exemption.”

It allows professionals such as teachers and health care workers to use their judgment when deciding whether to report sexual activity between teenagers over the age of 13, provided there are no signs of exploitation or coercion.

Safeguarding minister Jess Phillips during her visit to the West Midlands Police control room in Birmingham, England, on Feb. 19, 2025. Joe Giddens/PA Wire

Safeguarding minister Jess Phillips described the clause as a safeguard against over-criminalisation.

“This avoids situations such as two kissing teenagers having to be reported to the authorities by a teacher who knows them both well. That is not something I want to have to deal with—teenagers kissing in halls,” she said.

However, some critics argue that the clause could legitimise underage sex and weaken the age of consent.

Lucy Marsh of the Family Education Trust said in a statement: “The proposal ignores safeguarding principles and exposes vulnerable children to the risk of sexual exploitation.

“A 14-year-old girl could easily be pressured into sex by a 17-year-old boy or groomed into becoming a victim of sexual abuse using the ‘boyfriend method’, where a teenage boy passes girls onto older men after tricking them into a relationship.”

Protections Across the UK

In contrast to the proposed reforms in England and Wales—which would mandate rape charges for any adult involved in penetrative sex with a child under 16—Scotland’s framework under the Sexual Offences (Scotland) Act 2009 retains flexibility in how such cases are prosecuted.

The act also already provides flexibility in how cases involving 13- to 15-year-olds are prosecuted. However, there is no formal Romeo and Juliet exemption written into Scottish legislation.

While Scotland operates the Scottish Child Abuse Inquiry, its scope is largely limited to institutional settings such as schools, care homes, and fostering arrangements.

It does not currently investigate group-based grooming or exploitation occurring outside these environments.

Campaigners, including Woodhouse, have called for legislative reforms north of the border to ensure children across the country are equally protected.

Call for Tougher Sentencing

The maximum sentence for rape in England and Wales is life imprisonment. Based on the level of harm and offender culpability, sentencing can fall between four and 19 years, with life imprisonment reserved for the most serious cases.

The rape of a child under 13 attracts similarly high penalties, with longer starting points and life sentences available.

In Scotland, rape is also punishable by life imprisonment, with sentencing discretion guided by the Scottish Sentencing Council.

Despite these statutory frameworks, concerns persist about inconsistencies and the perceived leniency of some sentences in child sexual abuse cases.

Woodhouse said that stronger laws must be backed up by sentencing that reflects the severity of the crimes.

“We need to really look at the sentencing as well. You’ve got men raping children and coming out with—even if they do go to prison—several years. People have been sent to prison for longer for posting comments on social media. It’s outrageous.”

Reflecting on her own experience, Woodhouse added: “In my case, it took us three years from the start of the investigation to getting into court. That’s three years to get there. And then some of the charges—they’re not even getting three years in a sentence.”

International Pressure

Casey’s review follows months of domestic and international pressure on the government to renew efforts in investigating cases of child sexual exploitation, with the focus on the grooming gangs.

A heated political debate involving UK politicians and Elon Musk in January, saw the tech billionaire criticise Prime Minister Sir Keir Starmer, claiming he failed to prosecute “rape gangs” during his tenure as director of public prosecutions.

The X owner also suggested that Phillips “deserves to be in prison” after denying requests for a public inquiry in Oldham.

The government dismissed Musk’s remarks as crossing the line and spreading misinformation. However, following the publication of the Casey review, Starmer reversed the government’s previous position and announced a new statutory inquiry.

Woodhouse suggested the decision was driven not by principle but by public pressure.

“We’ve shamed and forced them into it. If it weren’t for Elon Musk putting attention back on it, they wouldn’t have done anything,” she said.

The new national inquiry builds on the Independent Inquiry into Child Sexual Abuse, led by Professor Alexis Jay, and a series of local enquiries launched earlier this year.

It will be time-limited, and its further details will be set out in due course.