Where sexual intercourse occurs in circumstances of aggravation, the maximum penalty for where it concerns a child between the 10 – 14 raises to 20 years, and 12 years where it concerns 14 – 16 years old.Ĭircumstances of aggravation include where the child has a serious physical disability, cognitive impairment, was under the influence of alcohol or drugs, or the child was under the authority of the accused person. It is also a defence to provide that you believed, on reasonable grounds, that the child was of or above the age of 16 years. This focuses on situations in which, for example two persons between the ages of 14 and 16 engage in sexual activity and both are willing participants. Sexual intercourse with a child between the ages of 10 and 14 years is punishable with a maximum penalty of 16 years imprisonment, whereas where it concerns a child between the age of 14 and 16 years, a maximum penalty of 10 years imprisonment is applicable, as per section 66C.Ī defence is applicable where the complainant was of or above the age of 14 years, and the age difference between the complainant and the accused person is no more than 2 years, as outlined in section 80AG. Sexual intercourse with a child who is under the age of 10 years is punishable with a maximum penalty of life imprisonment, as outlined in section 66A of the Crimes Act 1900 ( NSW). Sexual intercourse is defined to include sexual connection occasioned by penetration to any extent of the genitalia or anus of any person, or oral sex. The legal age of consent in New South Wales is 16 years old. Maximum penalties associated with sexual activity with underage children are dependent on the age of the child, and the circumstances of the offence. Harsh penalties are imposed across Australia, for those who engage in sexual activity with children and young persons. In South Australia and Tasmania, the age of consent is 17 years old. In New South Wales, Queensland, Victoria, Western Australia, Northern Territory, and the Australian Capital Territory the age of consent is 16 years old. The law has been designed to protect children and young people from sexual exploitation, as they are deemed to not have the maturity or decision-making capability to participate in sexual activity. It is illegal to engage in sexual activity with a person under the prescribed age, even if they supposedly ‘agree’ to it.
LEGAL AGE OF CONSENT FREE
Therefore, anyone under this age cannot consent to sexual activity.Ĭonsent is defined as free and voluntary agreement to sexual activity, at the time of the activity. The age of consent refers to the age at which a person is deemed legally competent to agree to sexual activity with another person. The legal age of consent varies across Australian states and territories, between 16 and 17 years old. Here is more on the law on sex offences in NSW. Here is an outline on the legal age of consent laws across each State and Territory of Australia. There are harsh penalties for breaching the age of consent laws. Tasmania and SA age of consent is 17-years-of-age. NSW, Qld, Victoria, WA, NT and ACT have the age of consent at 16-years-of-age. While consent is the free and voluntary agreement to sexual activity, the legal age of that consent varies across States and Territories to protect children and young people from sexual exploitation. Age of Consent Australian Capital Territory.Lowest Age of Consent WA (Western Australia).
Here is a video to help understand consent. Furthermore, your consent can be taken back at any time by simply saying you want to stop the sexual activity.Īlways remember that consenting to one sexual act does not mean consenting to another sexual act.Īlso, just because you had sex or sexual contact with someone before does not mean you consent every time.
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