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UK/Scottish/Welsh Law/Can a 40 year old man legally have sex with a 16 year old girl in Scotland?

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QUESTION: Can a 40 year old man legally have sex with a 16 year old girl in Scotland? Why would many 16 year old girls take turns having sex with him, but he says that he will not have sex with girls that are under the age of 16. He tells the girls that law enforcement in Scotland has to verify that they are 16 years old. Would you as a police officer explain Scotland and United States Federal law to a group of girls between the age of ten and 16 when this 40 year old men asks you as a police officer to explain the law to them? This 40 year old man is born in the United Kingdom, but is a citizen of the United States and the United Kingdom.

Under the PROTECT Act of April 2003, it is a crime, prosecutable in the United States, for a U.S. citizen or permanent resident alien, to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident alien intended to engage in such illicit sexual conduct prior to going abroad.  For purposes of the PROTECT Act, illicit sexual conduct includes any commercial sex act in a foreign country with a person under the age of 18. The law defines a commercial sex act as any sex act, on account of which anything of value is given to or received by a person under the age of 18.

Additionally, under the Protection of Children from Sexual Predators Act of 1998, it is a crime to use the mail or any facility of interstate or foreign commerce, including the Internet, to transmit information about a minor under the age of 16 for criminal sexual purposes that include, among other things, the production of child pornography. This same law makes it a crime to use any facility of interstate or foreign commerce, including the Internet, to transport obscene materials to minors under the age of 16.

ANSWER: This is the equivalent of a homework question, however and briefly, the age of consent in Scotland is 16 years, not 18, and US laws have no legal effect within Scotland (or any other country outwith the USA - whatever its stated preventative intent).

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QUESTION: This person says that he has to abide by United States law in the United Kingdom, because if he does not than next time he travels to the USA he will be arrested and go to prison in the United States.


Under the PROTECT Act of April 2003, it is a crime, prosecutable in the United States, for a U.S. citizen or permanent resident alien, to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident alien intended to engage in such illicit sexual conduct prior to going abroad.  For purposes of the PROTECT Act, illicit sexual conduct includes any commercial sex act in a foreign country with a person under the age of 18. The law defines a commercial sex act as any sex act, on account of which anything of value is given to or received by a person under the age of 18.

Additionally, under the Protection of Children from Sexual Predators Act of 1998, it is a crime to use the mail or any facility of interstate or foreign commerce, including the Internet, to transmit information about a minor under the age of 16 for criminal sexual purposes that include, among other things, the production of child pornography. This same law makes it a crime to use any facility of interstate or foreign commerce, including the Internet, to transport obscene materials to minors under the age of 16.

Answer
Once again this appears to be a homework question, so, briefly, if the subject were to return to the USA and if some sort of related complaint has been made, presumably he would be liable to be prosecuted - under US laws, which are not applicable in any other country.
The age of consent in Scotland is 16 years of age, therefore no crime would have taken place in Scotland unless the female was less than 16 years old (or the male was in a position of trust and responsibility, eg a teacher, over the female.  

UK/Scottish/Welsh Law

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Bruce Fyfe

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Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a retired, operational Police Officer with 30 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge. NB Scottish, not English; criminal, not civil or immigration!

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Please see information above.

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Master of Arts degree; Police Basic and Advanced Police examinations.

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