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SQ130: I believe that my child is having sexual intercourse and they are only 13 years old, what can I do?

Answer

This is a commonly asked question and the answer is one that varies dependant on the nature of the sexual relationship. In Scotland it is an offence for any person to engage in a sexual relationship with a person under 16 years of age, irrespective if it is consensual or not. In order to obtain evidence of such offences, the co-operation of the 13 year old child would be required both in terms of them talking about the sexual relationship and obtaining evidence by means of a medical examination.

If the situation involves a child who appears to be exploited by an older person, all efforts to investigate these situations will be made in the hope that co-operation can be achieved and evidence gathered.

Contact the Child protection unit (by dialling 101) for further help and advice. If you want to make a complaint of under age sex, then contact Police Scotland by dialling 101 in the first instance.

You will first speak to a uniformed officer who will ask you/ your child some general questions (you can ask to speak to an officer of a particular sex if that would be more comfortable for you).

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Any child or young person will be interviewed in respect of sexual offences that they have been subjected to or witnessed. The interview may take place in a purpose built suite that may be at a Police Station or another place and may be recorded in writing or visually recorded. The interviewer will be a specially trained Police Officer, who may, dependant on the circumstances, be accompanied by a social worker.

When interviewed in such circumstances, the child ideally will be alone in the interview room with the interviewer, but in certain circumstances a relative may be allowed to sit and observe what happens.

If the relative is also a witness in the case they will not be permitted to be present whilst the child is being interviewed.

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A disability should not prevent a person's ability to report a crime. Due to the variety of special needs/mental health issues that people experience, forces often provide specialist training for police officers.

When a case is reported involving an individual with special needs or mental health issues, every effort will be made to ensure that they are treated fairly and sensitively and the evidence that they offer is obtained in a manner that allows it to be used in future criminal proceedings. If, for example, communication aids are needed by an individual these will be provided to enable them to make their disclosure. Likewise, the force will endeavour to cater for any other specific needs.

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Any person reporting historic sexual abuse to the police will be treated seriously The matter will be thoroughly investigated and historic offences could still result in the conviction of an offender.

The outcome of any such case could be difficult to predict and as such it is important that a victim under these circumstances keeps an open mind. The passage of time, means that evidence may have been lost, although corroboration of early reports, medical and social services records are examples of lines of enquiry that may be pursued. Once the suspect has been interviewed, the case papers will be assessed by the police and if there is sufficient evidence the case may be forwarded to the Procurator Fiscal who will look at:

  • the legality of the case;
  • the public interest of commencing a prosecution;
  • the likely prospect of a conviction;

before they decide whether to take the matter forward. For further support please see the websites in Related Information.

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Police Scotland take all reports of rape and sexual assaults seriously regardless of the perceived gravity of the offence and will thoroughly investigate each incident reported to them.

If you are reluctant to report your incident to the police there are support agencies who can help and support you. Rape Crisis Scotland can provide advice and support. Their advocacy project offers access to early support and information to help you feel better informed about the legal process as well as linking into other support services available.

If you do decide to report the incident to the police you will first speak to a uniformed officer who will ask you some general questions (you can ask to speak to an officer of a particular sex if that would be more comfortable for you). You would thereafter be spoken to by specially trained officers. The questions that these officers ask will be more in depth. You can have someone present to support you whilst you are spoken to by the police.

If the incident has recently occurred you may be advised not bath or shower or wash the clothes worn during the incident; this will allow for physical evidence to be gathered more easily.

Do not worry if you feel embarrassed, the officers are specially trained to help you. If you consent, you will undergo a medical examination by trained medical personnel. An officer will be allocated to your case and will keep you regularly updated on its progress.

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Possession of indecent images of children is an offence, as is the manufacture and distribution of them. You should not forward the images to anyone, even the Police, it is a very serious matter.

The Internet Watch Foundation (IWF) is the UK Internet Hotline for anyone to report online child sexual abuse imagery anonymously.

IWF works internationally to make the internet safer. They help victims of child sexual abuse worldwide by identifying and removing online images and videos of their abuse.

Please see Related Information for a link to their website.

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Question

I believe that my child is having sexual intercourse and they are only 13 years old, what can I do?

Answer

This is a commonly asked question and the answer is one that varies dependant on the nature of the sexual relationship. In Scotland it is an offence for any person to engage in a sexual relationship with a person under 16 years of age, irrespective if it is consensual or not. In order to obtain evidence of such offences, the co-operation of the 13 year old child would be required both in terms of them talking about the sexual relationship and obtaining evidence by means of a medical examination.

If the situation involves a child who appears to be exploited by an older person, all efforts to investigate these situations will be made in the hope that co-operation can be achieved and evidence gathered.

Contact the Child protection unit (by dialling 101) for further help and advice. If you want to make a complaint of under age sex, then contact Police Scotland by dialling 101 in the first instance.

You will first speak to a uniformed officer who will ask you/ your child some general questions (you can ask to speak to an officer of a particular sex if that would be more comfortable for you).
 
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