At the age of 16 young people are legally capable of consenting to a sexual act but are still regarded as children until they reach the age of 18. Consequently, there is little legal clarity over the sexual rights of 16 and 17 year olds. This age group may want to exercise their right to freedom of sexual self-expression but may be constrained by the actions of agencies seeking to safeguard them. To some extent the apparent contradiction within the law may simply reflect the reality of this stage of life.

The notion of 'sexual exploitation' is too simplistic if applied to apparently consensual relationships entered into by 16 and 17 year olds. This age group has a right to services to protect them from harm but this has not been accompanied by an acknowledgement of their sexual rights. The prevailing assumption is that they are simply children with rights to protection from abuse. However, 16 and 17 year-olds also have sexual rights and may regard advice from professionals as unwelcome. This points to the need for a better understanding of the need to strike an appropriate balance between professional duty and respecting personal freedom.

The emphasis on child protection procedures can be problematic for professionals dealing with child sexual exploitation. Good practice is usually defined as 'procedurally correct' practice, reinforced by the practices of the legal system which encourages binary thinking about what is right or wrong. The requirement to follow official guidance may make professionals think there is no need for any understanding of the notion that young people have a sexuality and may have a legal right to enter into a sexual relationship. There often seems to be an unspoken assumption that teenage girls who feel free to express themselves in ways that are perceived as too sexual must be reigned in and kept under tighter control.

It is important to understand that sex is more than a physical activity and that young people over 16 who seek sexual relationships may be equally interested in satisfying psychological needs. Furthermore, they are entitled to express their sexuality in their own unique way and to explore new ways of finding intimacy in a relationship. As long as the relationships they enter into are mutually satisfying, do not cause harm to anyone and do not result in unwanted pregnancy there is nothing wrong with them. However, they must be aware that is is not legal for a person in a position of trust or power (a teacher, for example) to have sex with someone under the age of 18.

My main critique of the current campaign against child sexual exploitation is that it infantilizes young people, increases fearfulness around sex and implies that all children and young people are potentially at risk from predatory adults. It also fails to take account of the possibility that many teenagers, both boys and girls, understand their own agency as sexual beings and enjoy the sense of power this gives them.

On the other hand, it is true that teenagers sometimes behave in immature or thoughtless ways and then regret getting into a situation which is more sexual than they intended. Most have enough common sense to know how to stop it going further and to stay safe. Hopefully, they can learn from the experience and become clearer about what they really want. Learning about their own desires for closeness and intimacy and their discovery of the satisfactions to be found in both casual and committed sexual relationship is an important developmental stage that young people usually experience during adolescence.

The female erotic impulse does seem to be more vulnerable to suppression across all cultures and religions than the male impulse. It is natural for parents to have more concerns about the sexual development of their daughters than their sons. However, I am concerned that there is a danger that child protection campaigners may be more interested in imposing their own standards of sexual morality than in promoting a positive attitude towards sex.

In the past some campaigning groups made the assumption that all young people are at risk of being sexually exploited and wished to extend the powers of the police to protect 16 and 17 year olds who are vulnerable. However, the dilemmas of working with young people who are above the age of consent would have to be fully recognised if there were to be any changes in the law.

Multi-agency child protection procedures are well established and schools now teach young people about how to stay safe and avoid risks. However, some proposed initiatives to adress concerns about child sexual exploitation may be inappropriate for young people aged 16 and 17. Professional intervention can seem judgemental and may be experienced by them as disapproval of the choices they have made and a denial of their sexual rights.

Hilary Searing

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