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21 August 2008
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Age of Consent

Changing the Law

From January 2001 the age of consent became equal for gay men, lesbians and heterosexuals. The age of consent for all is 16 in England, Wales and Scotland.

In June 2008, the House of Lords passed the Sexual Offences (Northern Ireland) Order 2008. This legislation will effectively bring Northern Ireland into line with the rest of the UK, reducing the age of consent from 17 years old to 16 years old for all when the law is brought into force. This is expected to be in late 2008 or early 2009. Until then, the age of consent in Northern Ireland remains at 17 years old.

In 1967, when gay sex was partially decriminalised, the age of consent for gay men was set at 21 compared to 16 for heterosexuals; there was no age of consent relating to lesbians. The unequal age of consent signaled society's disapproval of homosexuality. Gay sex was still seen as immoral, dangerous and to be discouraged.

Stonewall began the first major campaign for an equal age of consent in 1993. See the bottom of this page for links to documents and briefings that chart our campaign.

  • We launched the first major legal challenge, Wilde v. UK, at the European Court of Human Rights. Three young men, Ralph Wilde, Will Parry and Hugo Greenhaulgh, who were all 18, claimed that the unequal age of consent was a breach of their right to privacy.
  • We held packed meetings and vigils at the House of Commons with celebrities, politicians and thousands of lesbians and gay men all making the case for equality.
  • John Major, then the Prime Minister, agreed that there would be time for a free vote on the age of consent in the course of the Criminal Justice and Public Order Bill.
  • Edwina Currie MP, a backbench Conservative MP, moved the amendment.

We lost the vote for equality by 14 votes but the age of consent was reduced to 18 for gay men. So we launched our second challenge to the ECHR, Sutherland v. UK. Euan Sutherland was 16 and worked with Stonewall on the campaign. He led a delegation of 'agony aunts' to 10 Downing Street supporting equality.

  • Euan’s case was heard by the Commission of the ECHR in May 1996 who held that the unequal age of consent was a breach of human rights. We had also launched another case concerning a 16-year-old gay man, Chris Morris. His case was never heard, but he helped publicise the campaign for equality.
  • In 1997 a Labour government was elected. The new Home Secretary gave an undertaking to Stonewall to introduce legislation in Parliament and the final hearing of Euan and Chris’s cases were stayed while Parliament tried to resolve the issue.
  • In 1998 Ann Keene MP moved an amendment to equalise the age of consent. It passed in the Commons but was defeated in the Lords by an alliance of hereditary peers led by Lady Young.
  • In 1999 the Government introduced a Sexual Offences Bill equalising the age of consent. Again this was passed in the Commons, but was defeated in the Lords.
  • The Government then decided to use the Parliament Act, which gives the Commons power to pass Bills that have been defeated in the Lords. In 2000 another Sexual Offences Bill was introduced and when it was again defeated in the Lords the Parliament Act was used and an equal age of consent became law in January 2001. In Scotland the Scottish Parliament voted for an equal age of consent and agreed that the Westminster Bill should extend to Scotland.

* Stonewall accept no responsibility for the content of external sites.



Editor's Choice

Stonewall Briefing on the Age of Consent
Crime and Disorder Bill, 22.07.98
download [132 kb]

Stonewall House of Lords Briefing on the Age of Consent
Criminal Justice Bill, 20.07.94
download [386 kb]

Stonewall Briefing on the Age of Consent
Six Myths about Homosexuality, March 1999
download [88 kb]

Application - Sutherland v UK
European Commission of Equal Rights, report of the Commission, adopted on 1.07.97
download [46 kb]

Arrested Development
Stonewall survey on the age of consent and sex education
download [531 kb]

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NOP poll on the age of consent
Results of poll commissioned by Stonewall, Feb 1999
download [94 kb]

The Case For Change
Stonewall document, arguments for an equal age of consent, September 1993
download [812 kb]

The Case for Equality
Stonewall document, arguments for an equal age of consent, January 1998
download [220 kb]

LGA Briefing on Sexual Offences (Amendment) Bill
Equal Age of Consent 25/01/98
download [89 kb]

Age of Consent Letter
Letter from NCH, 24/02/1999, outlining their stance on the Age of Consent for gay sex
download [30 kb]

Age of consent letter
Letter from BASW (British Association of Social Workers), 24.03.99, outlining their position on the age of consent for gay sex
download [26 kb]

ICM/Guardian Poll
Poll on the age of consent for gay sex, 6/7.11.98
download [24 kb]

Age of consent - BMA
Report to the Council of the British Medical Association from the Board of Science and Education, January 1994
download [260 kb]

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Stonewall Parliamentary Briefing
Briefing on the Sexual Offences (Amendment) Bill, March 1999
download [174 kb]

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Public opinion on the age of consent
Stonewall briefing on the age of consent and the Sexual Offences Bill, April 2000
download [115 kb]

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Stonewall Parliamentary Briefing
Sexual Offences (Amendment) Bill, Nov 2000
download [145 kb]

Age of consent letter
Letter from Childline outlining their position regarding an equal age of consent, 20.08.92
download [191 kb]


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