Sex and the Law

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Sex and the Law

• Jimmy Dean
• Contraception and Sexual Health Service
• June 2008.

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Aims of the session.

• To gain an insight into the Law.
• To discuss how the Law affects us.
• To help us work within the Law.
• To help young people understand that the Law can
  work to protect them.
• To remind us of our limitations and expectations
  of others of us.

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Why do we need laws?

• They are for protection, especially for children
  and vulnerable people
• They reflect modern society

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Confidentiality (Health Professionals)

• Young people under the age of 16 have the same
  rights to confidentiality as older people
• Even if the health professional does not consider
  a young person to have sufficient understanding
  to consent to treatment, the consultation itself
  can remain confidential
• Health professionals are bound by a code of
  practice that places a duty on them not to
  disclose information, except in exceptional
  circumstances

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Confidentiality (Health Professionals) cont..

• Exceptional circumstances, where there is
  concern for the health or the safety of the young
  person
• If there is a need to pass on information, it
  should, where possible, be done with the consent
  and cooperation of the young person

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Confidentiality (Teachers)

• In Secondary School, teachers may discuss general
  issues relating to contraception or sexual health
  if they arise in any lesson
• They may give individual information about
  appropriate health professionals and clinics
• They should not give individual advice on methods
  of contraception

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Confidentiality (Teachers) cont..

• They do not have a legal duty to pass on
  information sought by under 16s about
  contraception or sexual health issues
• All schools who provide SRE have a policy to
  guide them

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Consent

• In England and Wales the same laws apply to
  heterosexuals and homosexuals
• The age of consent is 16
• Anyone over the age of 10 can be prosecuted for
  committing an offence
• Intentional sexual touching of someone aged 13,
  14 and 15 is an offence

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Consent cont

• If over the age of 18 a person can be imprisoned
  for up to 14 years
• If under the age of 18 a person can be imprisoned
  for up to 5 years
• Intentional sexual touching of anyone under the
  age of 13 is an absolute offence

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Technology awareness

• Chat Rooms
• Sexual grooming
• Sexual approaches to children on line are
  increasing
• Mobile phones, text bullying
• Camera phones, circulating images and video

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Every Picture Tells A Thousand stories.
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Marriage

• In the UK 16 is the legal age at which men and
  women can marry
• Homosexual couples cannot legally marry but can
  have civil ceremonies giving them partnership
  rights
• In England, Wales and Northern Ireland, parental
  consent is required until the age of 18
• Parental consent is not required in Scotland.

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Domestic Violence

• Any form of violence or intimidation be it
  physical, emotional or other in a pre existing
  relationship is regarded as Domestic Violence.

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Options For Those Affected

• If you are a victim get immediate help.
• National Domestic Violence Helpline 24 Hours.
• 08082000247.

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Medical Treatments

• Adults are defined as people over the age of 18
• At this age they are regarded as competent to
  decide their own treatment
• Young people under the age of 16 can consent to
  medical treatment provided
• They have sufficient maturity and judgement to
  enable them to fully understand what is proposed

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Emergency Contraception

• It is NOT an abortion
• Pregnancy begins when an egg is implanted in the
  uterus (womb)
• Emergency contraception works before this can
  happen
• When should it be used?
• Where can you get it from?

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Abortion

• It is LEGAL
• Two doctors must agree it is justified
• Pregnancy should not have exceeded 24 weeks
• It is provided free on the NHS up to 12 weeks for
  all age groups

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The 24 week period can be waived if

• There is a risk to the life of the pregnant
  woman, if pregnancy continues
• Not aborting would cause grave permanent,
  physical or mental damage to the woman
• There is substantial risk that if the child were
  born it would suffer physical or mental
  abnormality, rendering it severely handicapped
• Weeks of pregnancy are usually measured from the
  first day of the last menstrual period

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Fraser Guidelines

• The young person will understand the
  professionals advice
• The young person cannot be persuaded to inform
  their parents
• The young person is likely to begin, or continue
  having sexual intercourse, with or without
  contraceptive treatment

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Fraser Guidelines cont..

• Unless the young person receives contraceptive
  treatment their physical or mental health, or
  both, are likely to suffer
• The young persons best interests require them to
  receive contraceptive advice or treatment with or
  without parental consent

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Where to get further advice or support

• Teachers
• School Nurse
• The Park Centre (will be able to provide Dorset
  wide information) 01305 762682
• Contraceptive and Sexual Health Service 01305
  267141
• FPA www.fpa.org.uk
• Brook www.brook.org.uk
• National Domestic Violence Helpline 08082000247