The law in the UK sets the age of sexual consent at 16 years old, meaning anyone under that age cannot legally agree to sexual activity. This law exists to protect children from exploitation, manipulation, grooming, and abuse.

But in practice, our legal system does not always apply this standard consistently.

When a child is under 13, any sexual activity is rightly classed as rape or assault, with no consideration given to “consent” — because a child that young is not capable of making that kind of decision.

But when a child is 13, 14, or 15, the courts often treat them differently. Even though they are still legally too young to consent, courts sometimes consider the child’s apparent “willingness” or behaviour, especially when the perpetrator is an adult.

This can lead to abusers being charged with lesser offences such as sexual activity with a child, instead of rape — even in cases involving significant age gaps, grooming, power imbalance, coercion, or the use of drugs or alcohol to control or manipulate the victim.

This is a dangerous loophole.

If the legal age of consent is 16, then no child under 16 should ever be treated as if they gave real or meaningful consent — especially not in court, where adult perpetrators often use this argument to reduce the seriousness of their crimes.

We are calling on the UK Government, Ministry of Justice, and Crown Prosecution Service (CPS) to:

Amend the law to make it clear that courts must not consider a child’s “apparent consent” in any case involving a victim under 16.

Strengthen CPS guidance to ensure prosecutors always apply the legal standard consistently — that children under 16 cannot consent.

Review past and current cases where this loophole may have affected charging decisions, and ensure justice is upheld for victims.

Include automatic aggravating factors in sexual offence cases involving minors, such as the use of drugs or other substances, large age gaps, grooming, or coercion — to reflect the increased severity and exploitation in such crimes.

This petition is about closing a gap in the law that leaves some of the most vulnerable children unprotected.

Children aged 13 to 15 are still children. They cannot legally consent. The justice system must treat them accordingly — and hold adult offenders fully accountable, no matter the circumstances.

It’s time to close these loopholes, protect children, and restore justice.