To be convicted it would not have to be consensual sex in your scenario, because under the statute, even with the age of consent being raised to 16, the close-in-age exemption protects consensual sex if there is only a three-year age gap between them. For him to be convicted of a sexual offence it would have to be genuinely non-consensual sex. It would have to be forcible. It would have to be using date rape drugs or something like that. In those circumstances, yes, they would be included.
On October 22nd, 2009. See this statement in context.