THE Scottish government has rejected a proposal to decriminalise sex between consenting partners under the age of 16.

Children’s commissioner Kathleen Marshall was among those backing the change, which would have effectively lowered the age of consent among couples as young as 13.

It was proposed last year by the Scottish Law Commission as part of reforms to sexual offence laws aimed primarily at improving the low conviction rate for rape.

The commission proposed decriminalising sex between 13 to 15-year-olds — ending all prosecutions provided sex was consensual and the age gap not more than two years.

Prosecution in such cases was seen as a disproportionate response to widespread behaviour that harms and criminalises children.

Others who supported the proposal included the Church of Scotland and Barnardo’s. However, ministers are to reject the call, which was opposed by the Catholic Church and other Christian groups as well as Rape Crisis Scotland, Scottish Women’s Aid and senior police officers.

Opponents believed it was too subtle a change for children to grasp, sent out the wrong message about underage sex and increased the risk of child abuse.

The age of consent will remain at 16, as it has been in the UK since 1885. The lord advocate will reserve the right to prosecute 13 to 15-year-olds for having sex.

However, the overall welfare of the child will be paramount in deciding whether to prosecute, so court actions are expected to remain rare.

Instead, children are likely to be referred to a children’s panel to ensure that their welfare is being safeguarded. In line with other commission proposals, all sex with a child below 13 will be illegal. Legislation will be introduced to Holyrood later this year.

A government source said: “Acting on the commission’s recommendations is not the same thing as accepting every recommendation.

“We believe it should be possible to find a third way which will reconcile differences and enable parliament to come together — recognising that everyone involved in this debate is motivated by the interests of Scotland’s young people.”

Marshall this weekend said that the Children’s Hearing system was a better to deal with consensual sex between older children than charging them.

She said: “We’re more likely to secure an effective intervention if we change our response from a criminal one to a welfare response.

“We are fortunate in Scotland in having this unique system, not available in the rest of the UK, and we should use it.”

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