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There is no defence that the accused believed that the child was older.

It is an offence for a person aged 18 or over to have any sexual activity with a person under the age of 18 if the older person holds a position of trust (for example a teacher or social worker) as such sexual activity is an abuse of the position of trust.

Sexual intercourse (vaginal, anal) and oral sex between young people aged 13–15 are also offences, even if both partners consent.

A possible defence could be that one of the partners believed the other to be aged 16 or over.

This therefore means that there is no statutory duty under criminal law to report to the police cases of sexual activity involving children under the age of 16 under articles 16 to 19 of the Order, where the other party is aged under 18.

This exclusion does not apply to information about offences against children under 13, as set out in Articles 12 to 15 of the Order.

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