Most people actually don’t know what the laws regarding sex are outside of the legal age of consent, and the laws regarding rape and paedophilia. There isn’t a lot more to it but behaviour can get pretty specific in certain circumstances, so here it is in black and white.

If you are involved in a case that includes potentially illegal sexual behaviour, contact Vanessa Ash for legal advice immediately. You need solid legal representation.

     It is illegal to have sex:

• If one person is under the age of consent (underage sex)
• One person doesn’t want to have sex (no consent)
• The two people are in the same family (incest)

Sex crimes are considered very serious.

     Age limits – the ages of consent
Age limits are designed to stop older people taking advantage of young people, and extra laws extend to teachers, youth workers and others who are responsible for young people. Sexting images of anyone under the age of 18 – even if it’s you – is illegal and considered child pornography.

Having sex with someone under the age of consent (age 16 for most circumstances) – even if they do agree – is illegal. It doesn’t matter if a person identifies as straight, gay, lesbian, queer, man, woman, trans. Everyone is treated the same under the law.

• Under 12 years old – nobody can have sex with a person under 12, touch them sexually, or perform a sex act in front of them, even if the child agrees.
• 12 to 15 years old – nobody can have sex with, touch sexually, or perform sex acts in front of a 12-15-year-old if they are more than two years older, even if the person agrees. It is not an offence if the person honestly believed that the younger person was 16 years old, or there was less than a two-year age difference between the two people. For example a 17-year-old having sex with a 15-year-old is not a crime, but if the older person was 18, it is a crime – unless they genuinely believed the younger person to be 16 years old. This law protects teenagers fooling around.
• 16 to 17 years old – any person charged with caring for a person aged 16 or 17 years old (teacher, youth worker, foster carer) cannot have sex, sexually touch, or perform a sexual act in front of someone aged 16 or 17 years old, even if the teenager agrees, unless they are married to each other. It is not an offence if the older person honestly believed the younger person was aged 18 or over.

     The age of consent – what it means if one person is too young
Sexual touching or sex without consent is sexual assault and/or rape. This applies to adults and children alike. Both people must agree to the sexual activity. This also includes when people change their mind – if you are engaging in sexual activity with a person and they retract their consent (want to stop), you must. Failure to stop when asked is then considered rape or sexual assault.

Consent cannot be given when someone is asleep, unconscious or so affected (intoxicated) by alcohol or drugs that they cannot reliably agree.

     Getting your hands on contraception
In Australia, people under the age of 18 can obtain contraception from a doctor (like the oral contraceptive pill, injection or other form of prescription contraception). Condoms can be purchased at any age by anyone at supermarkets and pharmacies without restriction.

     Is there a legal age of pregnancy for the mother?
It is not illegal to become pregnant at any age, and this includes making your own decisions about the pregnancy – abortion, adoption, keeping it. Nobody has legal rights over this decision but the pregnant woman.

There is no minimum age to keep a baby, however if a young lady is 16 or under and concerns have been raised regarding the child or mother’s welfare, the Department of Human Services may be called to intervene.

     Is there a legal age of getting someone pregnant for the father?
Fathers are legally required to at minimum financially support their children, no matter how young they are. If the father of a baby is still at school and not earning an income, the bill may be postponed until he is. Child support payments continue by law until the child reaches age 18.

     Abortion
Abortions can be sought at any age, with the blessing of a doctor. Abortion is illegal in Victoria after 24 weeks’ gestation, however in rare cases it is still possible.

Learn more about sexual laws

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