EDITORIAL: Consider the rights of young people

But in all the publicity generated by agony aunts pleading their case, there has been very little reference to the serious implications for young people themselves. The age of consent law already makes sex between under-16s technically illegal. But most people assume the intent of the law is to protect children and young people from people significantly older than them.

The bill, by defining much more tightly what isn't allowed, ends up outlawing what most people these days would regard as normal adolescent behaviour.

The Government is insistent that nobody is going to prosecute two young people for giving in to their hormones and has indicated that guidance to that effect will be issued to police and other agencies. But it is easy to imagine a situation in which, say, the parent of a 15-year-old takes exception to a relationship and decides to bring a private prosecution against another 15-year-old. It raises the possibility of one or both young people being found guilty of the new offence of "sexual activity with a child". If the bill becomes law, nobody under 16 will be deemed capable of consenting to any kind of sexual contact whatsoever, even a kiss and a cuddle. But they could still be held criminally liable for it.