Age of consent laws are not only intended to protect children and adolescents from sexual exploitation and abuse by older adults and adolescents. But also to give them time to be mature enough to make healthy and safe decisions about sexual interactions and relationships between children and adolescents. Child, family and community care professionals have a role to play in identifying, understanding and responding appropriately to the sexual behaviour of children and adolescents in order to promote healthy sexual development and ensure that children and adolescents are protected from harm and abuse. Whenever you do something sexual, touching and kissing at any type of sex, you must always have the consent of the other person, from start to finish. People may agree with one thing or some things, but not with others. People may agree at first and then change their minds. It is their sexual right. If you`re not sure if the other person wants to continue, but you keep going anyway, it`s not just unethical, it`s a crime. Even if you both agree, the law will say that a person who is over the age of consent is breaking the law because they have sex with someone under the age of 17. In New South Wales, it is a criminal offence to have or attempt to have sexual intercourse with a person under the age of 16.
[9] It is also a criminal offence to have sexual intercourse with a person under the age of 18 if that person is in the offender`s custody (guardian, teacher, etc.). [10] There is a near-age defence that allows 14- and 15-year-olds to consent to sexual relations with persons under the age of two. This defense was added as Section 80AG under the Criminal Law (Child Sexual Abuse) Amendment Act No. 33 of 2018. [11] The age of consent is 16. Section 19 of the Crimes, Procedures and Evidence Regulations, 2003 states: “(1) A person who has carnal intercourse with another person – […] (i) (ii) if the victim is under 16 years of age, whether or not he or she consents to commit an offence. Article 21 states: “(1) Any person who indecent attacks another person commits a criminal offence. (2) If the victim is mentally disabled or under 16 years of age, the fact that the person consented to the offence or that the accused believed that the person assaulted was mentally sound or under 16 years of age is not a defence to a charge under this rule. [47] Age of consent laws are designed to protect children and youth from sexual exploitation and abuse by older adults and adolescents. These laws stipulate that children and adolescents under the age of consent have not yet reached a general level of maturity that allows them to participate safely in sexual activity. This reference book provides information to child, family and community professionals on age of consent laws in Australia. Age of consent laws seek to strike a balance between protecting children and young people from exploitation and other harm with respecting their right to privacy and healthy sexual development.
By law, youth at the age of consent are granted general sexual competence to enforce personal boundaries and negotiate the risks associated with sexual activity. If an adult commits sexual behaviour with a person under the age of consent, he or she is committing a crime (child sexual abuse). It is a very serious crime to engage in sexual activity with people under the age of 16, even if you are in a relationship and they agree, because the law says they cannot consent. Knowing the importance of consent and making sure it`s present in all sexual activity isn`t just helpful, as it helps you avoid getting into trouble with the police – it means sex can be pleasurable, satisfying, respectful, and fun for everyone involved. From the age of 16, children can consent to medical and dental treatment in the same way as adults. But they do not automatically have the right to refuse treatment, especially life-saving treatment. Under section 1310, there are positive defences for the crimes described in sections 1306 to 1309 for consensual activities between legal spouses and for cases where the defendant has reasonable grounds to believe that a minor is 13 years of age or older. Consensual intercourse is legal if both parties are 16 years of age or older.
Logan Youth and Family Legal Services is a non-profit organization that provides a range of services to youth, including helping youth deal with legal and sexual issues. The age of consent is the age at which a person is considered legally capable of consenting to sexual activity with another person. In Western Australia, the age of consent is 16 for both men and women. Anyone under the age of 16 is considered a child who cannot consent to sexual intercourse or sexual behaviour, even if they agree.
