A controversial Scottish Government proposal to effectively �decriminalise� sex for 13 to 15-year-olds has provoked fierce debate.

A CONTROVERSIAL Scottish Government proposal to effectively "decriminalise" sex for 13 to 15-year-olds has provoked fierce debate.

The recommendation, which some critics claim could be seen as condoning under-age sex between teenagers, was made in the Scottish Law Commission's draft legislation on rape and other sexual offences.

Scores of parents, children's groups and churches have warned in their written responses that the move would send out the wrong message and lead to increases in teenage pregnancies, exploitation and sexually transmitted diseases.

However, organisations including Victim Support Scotland, Barnardo's and the Scottish Children's Reporter Administration (SCRA) support the move.

The review on rape and sexual offences was commissioned by the previous executive three years ago following confusion about the definition of consent and the exclusion of male rape.

Respondents to the 200-page draft have agreed with almost all its recommendations, with the exception of No 29, which proposes that sex between consenting children aged between 13 and 15 should be decriminalised.

Under the law, the age of consent is 16, but there are special rules which apply to a girl under 13, and if two consenting 15-year-olds were to have sex, the boy, but not the girl, could be prosecuted in a criminal court if referred to the SCRA.

The proposals are that it would be statutory rape to have sex with a boy or girl under the age of 13 and concerns about consenting sex between vulnerable 13 to 15-year-olds could be referred to the SCRA. The paper makes it clear adults over the age of 16 would be, as now, committing an offence for sexual activity with a child under the age of 16.

In the commission's original discussion paper in 2006 it took a different position, but now says it has "reconsidered" following responses.

The report from the commission states: "We wish to emphasise that these provisions deal only with conduct involving consent. In making this recommendation we are particularly struck by anomalies which would follow in criminalising consenting sexual activity between teenagers, which would extend to activities such as kissing each other.

"We are not impressed by the argument that such criminal liability would be theoretical only and in the vast majority of cases there would be no criminal prosecutions.

"Such an approach fails to take account of the possibility that older children might still be subject to investigation by the police, even if prosecution in the criminal courts is unlikely. More fundamentally, there is an important