Understanding the Legal Age of Consent in Australia: What You Need to Know
A person must seek consent before engaging in sexual behaviour to avoid facing various legal consequences.
In Australia, the government is clear on the legal age of consent for both males and females to prevent sexual activities among minors. However, this age of consent varies across all Australian states.
This article will focus on the age of consent in Australia, the penalties for sexual assault, and the defences available.
Disclaimer: The content of this blog is intended for general informational purposes only and should not be considered expert legal advice regarding the legal age of consent in Australia. For personalised and professional legal advice, please contact us to schedule a consultation at (02) 8378 8585.
What Is the Age of Consent Australia?
The Consequences of Violating the Age of Consent Laws in Australia
Every country has a specific age of consent. In Australia, the age of consent is between 16 and 17 years, depending on the state.
The primary aim of these laws is to protect minors from sexual abuse and exploitation. This is because minors don’t have the maturity to consent to various sexual activities, thus needing protection.
Ultimately, it is illegal to have sex with a minor even though they agree to participate in sexual activities as they are not old enough to make such a decision. Contact our criminal lawyers today if you are facing a sexual assault charge.
The Age of Consent Australia: Breakdown State by State
Understanding the Differences
Each state and territory in Australia have different laws on the age of consent. Here is a breakdown of each state’s age of consent.
| States and Territories | Legal Age of Consent Australia |
| Queensland | 16 years |
| New South Wales | 16 years |
| Victoria | 16 years |
| Western Australia | 16 years |
| Tasmania | 17 years |
| Northern Territory | 16 years |
| South Australia | 17 years |
| Australian Capital Territory | 16 years |
One commonality in all these Australian states is their interpretation of sexual abuse laws. In all the states, adult sexual assault is the lack of sexual consent, where the adult is in a position of power or authority and takes advantage of the minor.
In child assault cases, these states view it as having sex with a minor without the mental capacity to consent. This applies in cases where the minor willingly agrees to have sex with an adult.
What Is Consent?
Consent is when someone voluntarily agrees to another person’s proposition. However, when the person consents, they must be mentally sound and should not be coerced to make the decision.
The same analogy applies to contracts, where someone should be allowed to read all the terms and willingly sign the agreement.
Consent is essential in sexual assault cases. For example, a person can be charged with rape if they forcefully have sex with someone without their consent.
Ultimately, the age of consent Australia is between 16 and 17 years, depending on the state.
Contact us today if you are looking for a defence lawyer for a sex crime charge.
Persons Under Special Care
The Consequences of Violating the Laws on Persons Under Special Care in Australia
Although the general age of consent is 16 years, there are specific exceptions. It is illegal for someone to have sex or sexually touch a person under 18 years if they are under the special care category.
This special care category involves persons in a position of authority over the child who has a special relationship with the child.
These special relationships include:
- A healthcare specialist.
- A teacher.
- A religious figure.
- A parent or guardian.
- A grandparent.
- A stepfather or stepmother who is taking care of the child.
- A custodian officer of where the minor lives.
- Anyone who cares for a minor and has a relationship with them.
In cases involving persons under special care, the prosecutor must prove that the defendant had a special relationship with the minor.
They must also demonstrate that the defendant knew the minor was below the required legal age and ignored that the minor was under their care.
Penalties for Sexual Assault
The Severity of Penalties for Sexual Assault in Australia
The main penalty for sleeping with a child below the age of consent Australia is usually imprisonment. Here are the circumstances for sexual assault:
- Breaking into someone’s home and committing the assault.
- Assaulting a minor.
- Threatening to assault a minor.
- Restricting the minor’s movement before assaulting them.
- Assaulting a minor with a mental issue.
One thing to note is that the punishment for committing sexual assault with aggravation increases. For example, the maximum punishment for using force to assault a minor who is 10 to 14 years old is 20 years imprisonment.
An offender also gets a 12-year imprisonment for using force to sexually assault a minor who is between 14 to 16 years.
Let’s discuss other penalties related to sexual assault.
Punishment for Sexually Touching a Minor
Under the law, sexually touching a minor involves touching the child irresponsibly without their consent. One may face a similar charge if they encourage another person to sexually touch a minor.
The maximum penalty for such a crime depends on the child’s age. For example, assaulting a minor under ten years leads to 16 years imprisonment. Additionally, sexually touching a child between 10 and 16 years leads to a 10-year imprisonment.
Punishment for Sexual Act Against a Minor
It involves sexually penetrating a minor below the age of consent in Australia. The same punishment applies to someone who encourages another to engage in sexual activity with a child.
The maximum punishment for this crime is seven years for children under ten and 2 years for children between 10 and 16 years.
One thing to note is that these penalties apply if the perpetrator did not use force.
Punishment for Persons Under Special Care
The maximum punishment for people under special care is four years for minors between 17 and 18 years and eight years for children between 16 and 17 years.
Defences Available
Navigating the Legal System: Understanding the Defences Available for Sexual Assault Charges in Australia
A person should have a compelling defence if accused of sexual assault to avoid imprisonment.
The defences available include:
- Acting in self-defence
- Necessity
- Duress
- Making an honest mistake where one believed the minor was above the age of consent
Another possible defence is the similar age defence. It entails two minors engaging in consensual sex. For example, two people between 14 and 16 engaging in sexual intercourse with consent.
The similar age defence applies when one person is 16 years old, and the other is older. However, the age difference between the two should not be more than two years.
Once the defence lawyer has launched one of these defences, the burden of proof shifts to the prosecutor as they must prove the defence is flawed.
Wrapping Up
Protecting Your Rights: How James and Jaramillo Can Help You Navigate the Complexities of Sexual Assault Cases in Australia
Sexual assault is a crime that arises when a person sexually abuses or engages in sexual intercourse with a young person below the age of consent in Australia. At James and Jaramillo, we have the best Sydney criminal lawyers who will ensure your case is successful.
Organise a free consultation with us to create your defence and receive the best possible outcome for your case – CALL US 24/7 (02) 8005 3075
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