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Is it illegal for two minors to sleep together in Australia?

Polly India Team

Polly 💖💖💖
Legend Member
The legal consent age for both heterosexual and gay intercourse is 16. It is critical to remember that having sex with minors under the age of 16 is not a crime! People who have sex with under-16-year-olds are prosecuted under the law.
 

Lingus

Legend Member
... and, in specific reply to the title of this thread, I quote hereunder from the Youth Law Australia (YLA) website :


In Victoria, the age of consent is 16. If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it. However, even if you are above the age of consent, it is a crime for someone who is caring for you or supervising you (like a teacher, youth worker, foster carer, step parent, religious leader, sports coach, counsellor, etc) to have sex with you while you are under 18.

In Victoria, consent to a sexual activity with a person who is between the ages of 12 – 15 can be a defence to sexual crimes if both people are 12 or over, and the difference in age is not more than 2 years.

A person who is under the age of 12 can never consent to sexual activity. It is also a crime for a person to have sexual intercourse with a close family member who is 16 years or older, including a parent, child, sibling, grandparent or grandchild – even if there is consent.


In Western Australia, the age of consent is 16. If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it. However, even if you are above the age of consent, it is a crime for someone who is caring for you or supervising you (like a teacher, youth worker, foster carer, step parent, religious leader, etc) to have sex with you while you are under 18. It is also a crime for a person to have sexual intercourse with a close family member, including a parent, child, sibling, grandparent or grandchild – even if there is consent.

In Western Australia, consent to a sexual activity with a person who is under 16 can be defence to sexual crimes if the person who had sex with the under 16 year old believed on reasonable grounds that the person was 16 or over AND the person was not more than 3 years older. For example, if Anna is 15 years of age and agrees to have sex with Tom who is 17 years age, and Tom had good reason to believe that Anna was 16 years of age, then Tom would not be guilty of the crime of having sex with a person under 16 because he can rely on this legal defence.

However, a child under the age of 13 can NEVER consent to sexual activity.



There are obviously variations in the law between the states; you can further explore the subject of consent, in relation to sexual activity amongst minors, at the YLA website :

 
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