High school pupils encouraged to understand consent and consequences

SCHOOLCHILDREN at an Edinburgh high school listened intently during a recent presentation aimed at helping them understand consent, recognise the legal risks of harmful sexual behaviours, and understand the serious consequences of sexual offending.

The presentation was delivered by Tony Lenehan KC, Vice Dean of the Faculty of Advocates, to S5 and S6 pupils at Portobello High School.

A senior lawyer and one of around a dozen senior criminal defence counsel who regularly practises in the High Court, Mr Lenehan represents people charged with some of the most serious crimes, including murder, terrorism offences, gun crime, stabbings and rape.

Greg McDowall, Head Teacher at Portobello High School

“If a person is in the unhappy situation of being charged with one of those crimes, then they will meet someone like me who will guide them through the process of a High Court trial. As a general rule, if you're meeting me, things have gone badly wrong in your life. I am there to try and help you fix things.

“I am here as your collective legal adviser today,” he told the pupils. “I am here because over the last 10 or 15 years, it has become increasingly common to see young men, sometimes still of school age, more often late teens or early twenties, finding themselves charged with rape in the High Court.

“We've come to hear about the manosphere, about (social media) influencers who would relegate female partners down from being equals with men. No doubt some of them can make millions out of that content. But our courts have to deal with the consequences of it,” he said.

He stressed that consent in an intimate context meant “free agreement”. It could not be obtained through pressure, coercion or bullying, and could also not be assumed because people were already in a relationship.

“It doesn’t matter that you are in a relationship with someone, there still needs to be consent. It doesn’t need a stranger to be involved for it to be rape. It can be a boyfriend, or husband or partner. It often is,” he said.

He explained that acts such as choking or restricting someone's breathing were legally regarded as assault and could not be consented to. Behaviours such as face-slapping, hair-pulling and spitting could also influence how juries assessed whether an encounter was genuinely consensual.

A rape conviction had severe, lifelong consequences, he said. Convictions typically resulted in imprisonment, placement on the Sex Offenders Register, and significant restrictions on future opportunities, including education, employment, relationships and personal freedom. He also said improvements in policing have made it increasingly likely that offenders would be caught.

“If a young man persistently mistreats his partners, the police will catch up with him, and a conviction for rape is an absolute disaster which changes every part of a young man’s life,” he added.

Greg McDowall, Head Teacher at Portobello High School, said: “As a school, we want to give young people the knowledge and confidence to make safe, respectful choices. This is about good education, helping pupils understand consent, healthy relationships and the law, while being clear about the very real consequences that harmful behaviour can have for everyone involved. Mr Lenehan’s experience brought these issues to life in a way that was honest, practical and relevant, and our pupils responded very positively.

“To any young person who is worried about something they have experienced or witnessed my advice is not to deal with it alone. Speak to your Pupil Support Leader, a member of the senior leadership team or any other adult in school you trust. You do not need to know exactly what to say. We will listen, take you seriously and help you get the right support,” he added.

Mr Lenehan’s presentation was organised with the help of Sandy Brindley, Mr McDowall and Advocate Alex Price-Marmion. Similar sessions by other advocates are planned at other schools in the coming months.