The age of consent is 18 if there is a special relationship between them in which one person holds a position of power or authority over the other person. An example of this is the relationship between a teacher and a student or athletic coach and a team member. If the older person is in a position of power or authority over the younger person (e.g., a teacher in their school or youth worker, step-parent, boss, religious leader, athletic coach, etc.), the age of consent is 18. This means that the young person must be at least 18 years of age before the law says that he or she is capable of consenting to the sexual relationship. If they are not 18 years of age or older, the person in a position of power or authority is breaking the law. Queensland has strict laws on sex and sexual activity. Age of consent laws cannot be considered separately from other laws that address issues such as sexual assault and child sexual abuse. For more information on sexual assault and child sexual abuse legislation, see Brief Review of Contemporary Sexual Offences and Child Sexual Abuse Legislation in Australia: 2015 Update (Boxall & Fuller, 2016) and the Royal Commission on Institutional Responses to Child Sexual Abuse fact sheets. For more information on preventing child sexual exploitation, see the Child Sexual Abuse Prevention Report (Quadara, Nagy, Higgins, & Siegel, 2015). While consent is free and voluntary consent to sexual activity, the legal age of consent varies from state and territory to territory to protect children and youth from sexual exploitation.
NSW, Qld, Victoria, WA, NT and ACT are the age of consent at 16. The age of consent for Tasmania and South Africa is 17. Violations of the Age of Consent Act are subject to severe penalties. Other crimes described in the Act include maintaining sexual intercourse with a child, maintaining sexual intercourse with a child or youth under special care, and acts of indecency. 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. Other examples of authority relationships provided include: a teacher, parent, step-parent, guardian or foster parent of the child, health professional or social worker, caregiver, and religious or spiritual leader. State rape laws apply to children under the age of 13 in Yap and Kosrae and 15 and under in Pohnpei. [33] The age of consent in Chuuk State is 18. [34] The age of consent in Chuuk was raised as a result of a campaign by the Chuuk Women`s Council.
[35] Other offences listed in the Act include maintaining an unlawful sexual relationship with a child and indecent assault on a child. Here is an overview of the legal age of consent laws in each state and territory in Australia. Sexual abuse of boys of all ages, including rape, by adult women was perfectly legal in New Zealand until 2005. This is despite the fact that New Zealand has acceded to international conventions against child exploitation since the 1980s. In 2003, swimming instructor Stacey Margaret Friel, 21, allegedly had sex with a 13-year-old boy, but no charges were laid at the time because there were no laws against sexual abuse of boys by women. Since the loophole was closed, there have been a number of cases in which women have been prosecuted for sexually abusing boys, including a woman who gave birth to the child of an 11-year-old boy she allegedly raped. [46] A special care relationship includes a step-parent, guardian or foster parent, teacher, teacher, sports or music teacher, health professional, and a prison official where the victim is detained. The age of consent is the same for all sexual relations, regardless of the gender or sexual orientation of the people who have sex.
New South Wales, Victoria, the Australian Capital Territory and Tasmania have laws that provide legal defence to a person who has sex with someone under the age of consent if both people are the same age. This is called close defense against age. Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Palmyra Atoll and Wake Island are part of the Pacific Remote Islands Marine National Monument. Therefore, all U.S. federal laws regarding the age of consent would apply. The laws of the Australian Capital Territory apply to the Coral Sea Islands Territory. [7] The information in this article is general in nature and laws vary from state to state. So if you have concerns about your child`s legal rights or obligations, it`s always better: Although the age of consent is 16, under paragraph 11, sexual activity is also considered illegal if a person has a “special care” relationship with a youth between the ages of 16 and 18. This reference book described how consent and age of consent are legally defined in Australia, including differences between state and territory laws.
He also provided an overview of Australian laws that apply to reporting suspected child abuse, responding to disclosures, sexual interactions for those in supervisory roles, developmental sexual behaviour, and consensual sexual interactions between children and youth. There are strict age limits if you can have sex legally. These apply to same-sex and heterosexual people and are intended to protect you from harm caused by older adults. This reference guide describes how consent is defined by law and why age of consent laws are necessary to protect children and youth from sexual exploitation and abuse. It then summarizes age of consent laws by state and territory. It also answers common questions from child, family and community care professionals on related topics, including reporting, responding to disclosures, laws for people in supervisory roles, developmental sexual behaviour, and digital technology. Age of consent laws are important measures to protect children and adolescents from sexual exploitation and exploitation. As described in this guide, consent to be able to freely and voluntarily agree to participate in an activity without fear, coercion, intimidation or anything else that would prevent a free agreement. Age of consent laws define the age at which a person has the legal capacity to consent to sexual interactions. There is no safe level of alcohol consumption for children under the age of 18. And it`s not safe for anyone to use illegal drugs at any age.
Alcohol and other drugs can affect children`s health, brain development, behavior, schoolwork, and relationships. Other offences listed in the Act include sexual touching of a child under the age of 16, committing a sexual act with a child under the age of 16, obtaining or custody of children under the age of 16, and maintaining unlawful sexual intercourse with a child.