The Children�s commissioner yesterday urged MSPs to shelve planned legislation that would see young girls �criminalised� for having sex. The proposal should be withdrawn until research is carried out into the likely consequences, said Professor Kathleen Marshall.

The Children's commissioner yesterday urged MSPs to shelve planned legislation that would see young girls "criminalised" for having sex.

The proposal should be withdrawn until research is carried out into the likely consequences, said Professor Kathleen Marshall.

The provision forms part of the Sexual Offences Bill launched in June. A previous report by the Scottish Law Commission recommended that consensual sex between older children should not be a criminal offence, and should instead be grounds for referral to a children's reporter on welfare grounds.

This would have effectively decriminalised sex between youngsters over 13, but the Scottish Government rejected the proposal.

Instead the bill confirms it is an offence for children between 13 and 15 to have sex - and this applies to girls as well as boys.

A Scottish Government policy document published with the bill said: "We have adopted this approach as we believe that the way in which the law currently acts to criminalise only boys (where the activity is consensual and both are of similar age) is discriminatory."

But Ms Marshall said this could have a range of consequences - including criminalising young girls and discouraging them from seeking medical advice. She also argued more research was needed before changing the law on such a serious matter.

"We need to be certain that the threat of legal punishment and criminalisation does in fact prevent early sexual activity," she said.

However, Labour defended the bill's provision. "By decriminalising under-age sex we would be sending out the wrong message to our children and also on adults who prey on our children," said spokesman Paul Martin.

"The age of consent in the UK is 16 and it should be 16 for both boys and girls.

"We need to ensure that we protect our children and put their safety first."