Sex and the Law

At MOT we don’t have a “downer” on sex – quite the opposite,  but we do want you to be safe in everything you do!

There are lots of tips throughout the website about how to keep yourself safe and this section highlights some of the legal aspects you need to know before having sex.

Under the Sexual Offences Scotland Act 2009, consent must be given for all sexual activity.

Consent means “free agreement” so if someone is under the influence of drink or drugs, asleep, unconscious or coerced into taking part in a sex act this can be a criminal offence. Consent can be withdrawn at any time, including during a sex act.  So have a think about this when you are out and about – if you’ve had a drink or taken drugs, would you still do the same thing if you were sober? Would he?

Also bear in mind the ‘age of consent’. This is the age at which a person is legally allowed to decide to have sex.   In Scotland, the age of consent is 16 for sex between males and females or between two males or two females. If one person is under 16, then the person over 16 is breaking the law. A young person under the age of 13 years cannot consent to have sex in the eyes of the law and this is classed as rape.

For more information or advice on HIV transmission and the law visit THT’s website or talk to the MOT team