Who gets prosecuted if two people have underaged sex?

In theory, both people could be prosecuted. In practice, it almost never happens when two teenagers of a similar age are both consenting.

The age of consent in the UK is 16. Technically, any sexual activity involving someone under 16 is against the law, even if both people are under 16. But the law isn't designed to criminalise teenagers in consensual relationships. It's there to protect young people from exploitation.

When deciding whether to prosecute, the Crown Prosecution Service looks at things like how old both people are, whether there's a significant age gap, whether it was genuinely consensual, and whether anyone has raised a concern. Two 15-year-olds in a relationship are treated very differently from a situation where one person is much older or where there's pressure involved.

In most cases involving two young people of a similar age, the approach is support and education, not prosecution. The police and social services are more interested in making sure everyone is safe than in pressing charges.

That changes if one person is under 13. The law treats under-13 very differently, and any sexual activity involving someone that young will always be investigated.

In theory, both people could get in trouble. In practice, it almost never happens when two teenagers of a similar age both agree to it.

The age of consent is 16. Sex under 16 is against the law, even if both people are under 16. But the law is not designed to punish teenagers in genuine relationships. It is there to protect young people from being taken advantage of.

When deciding what to do, the police look at how old both people are, whether there is a big age gap, and whether it was truly agreed by both.

Two similar-aged teenagers are usually given support, not punishment. But if one person is under 13, it will always be investigated seriously.