Information on the ages used historically in western age of consent laws is not readily available. This table has been compiled from a combination of historical and contemporary sources. By , the first date chosen, many western nations had established an age of consent for the first time, typically of 12 or 13 years. By , when the influence of reform campaigns that established a new link between the age of consent and prostitution had run its course, most had revised their age upward, to 14 or 15 in European nations, and 16 in the Anglo-American world. In the last decades of the 20th century, states and nations with ages below those averages amended their laws to move closer to them. In Europe that growing conformity owed much to moves toward greater European integration.
The laws about sexual matters set clear limits for having sex. If police want to question you about an offence, see a lawyer as soon as possible. In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said ‘yes’ at the time. An example of this is the relationship between a teacher and a student, or a sports coach and a team member. To consent to having sex, a person needs to be old enough over the legal age of consent and must freely agree to the sexual activity.
The Legal Services Commission gratefully acknowledges the assistance of the Victorian Legal Aid in allowing the Legal Services Commission of South Australia.
The age of consent in Australia depends upon which state the person in question is in, whether the person is a male or female, and the nature of the sexual intercourse the person is engaged in. This can lead to a number of inconsistencies both between the states and between males and females. In addition, the Commonwealth Crimes Act also includes child sexual abuse offences, that rely on an age of consent.
These are discussed in Part 3. The provisions in the New South Wales Crimes Act that rely on an age of consent are discussed in detail in Part 3. In Part 4 – Comparative position overseas , the age of consent in a number of overseas jurisdictions is included in tabular form to provide an indication of where Australia stands in relation to the ages of consent in the international context. The debate surrounding the age of consent raises the broader point of the role of the criminal law.
Some argue that the function of the criminal law is to preserve public order and decency, but not to intervene in the private lives of citizens or seek to enforce any particular form of behaviour. However, others argue that the criminal law has a responsibility to prevent harm to society stemming from the moral disintegration of society, and the law therefore can intervene in both the private and public lives of individuals to uphold the shared morality of society. This issue is addressed in Part 5.
The age of consent laws can either remain as they are, or be amended so that they become gender-neutral.
Vintage or antique items
The Common Law is the law created by decisions of judges, which act as binding precedents for later decisions. It is a system that applies in many countries that inherited their legal system from England. Although now largely superseded by legislation at Commonwealth and State levels, the Common Law continues to provide important principles that directly impact upon and shape the Australian environmental legal system. For example the concept of standing the legal right to commence court action has often been a major constraint on public interest litigation to protect the environment.
Australian Government Logo Compilation start date: 12 March It includes any commenced amendment affecting the legislation to that.
The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it. The age of consent for same-sex relationships is the same as it is for heterosexual relationships. If you are under 12, a person can’t have sex with you or touch you sexually or perform a sexual act in front of you, even if you agree.
However, it is not an offence if the person honestly believed that you were 16 or if there was less than a two-year age difference between you. This is exactly two years. For example, if a person is 17 and has sex with someone who is 15, it is not a crime. But if the person was 18, it is a crime unless the person believed the person was 16 or older.
Age of consent in Australia
The ACCC is publishing comprehensive and up to date information about consumer rights, refunds, and what to do in the event of travel and other event cancellations as a result of the COVID outbreak. Find out about your rights as a consumer and how the Australian Consumer Law can offer you protection as a consumer. Find out what standards are covered in the Australian Consumer Law and what you need to do as a business to uphold those standards.
Businesses and consumers should be aware that from 1 November new Australian Consumer Law gift card provisions will be in place. These new rules apply no matter where in Australia you are. The meaning of acceptable quality is considered by what a reasonable consumer fully acquainted with the goods would regard as acceptable.
Australia statutory rape law is violated each of Australia’s territories has local laws specifying an age of consent, which ranges from a low of 16 years old to a.
Sexual harassment is any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated. It has nothing to do with mutual attraction or consensual behaviour. Sexual harassment is unlawful under the Sex Discrimination Act in different areas of public life, including employment, service delivery, accommodation and education. Some types of sexual harassment may also be criminal offences.
Example: A young woman was employed at a medical centre. A person who sexually harasses someone else is primarily responsible for their behaviour. However, in many cases, employers can also be held responsible for sexual harassment by their employees. Employers have a responsibility to take all reasonable steps to prevent sexual harassment in employment, such as implementing a sexual harassment policy and providing training or information on sexual harassment.
Home Quick guide Sexual Harassment. Examples of sexual harassment include: staring, leering or unwelcome touching suggestive comments or jokes unwanted invitations to go out on dates or requests for sex intrusive questions about a person’s private life or body unnecessary familiarity, such as deliberately brushing up against a person emailing pornography or rude jokes displaying images of a sexual nature around the workplace communicating content of a sexual nature through social media or text messages.
Australia’s National Competition Policy
We all have sexual rights and responsibilities. We all have the right to decide when, where, in what situation, and with who we would like to be sexual with. We all have the responsibility to make sure that the people we want to be sexual with actively consent to whatever sexual activities you do together. People might consent to one thing or a few things, but not to others. People might consent to begin with, and then change their mind.
Sexual consent means only doing something sexual because everyone involved really wants to and are making an active choice to be involved and continue, not because anyone is feeling pressured or unsure.
Countries that inherited their legal system from France, which has a system known as “Civil Law” dating from Napoleonic times, place much less weight on.
Parties and lawyers to a class action can register on the Commonwealth Courts Portal CCP to access information about the case, including documents filed, scheduled listing events and orders made. Accessibility Links Skip to main navigation Skip to sub navigation Skip to main content. Search Field. Powers of a Registrar. Court Sitting Dates 3 February – 18 December. Email Updates Register to receive daily court lists by email soon after they are published.
Judges’ Speeches Including Welcome and Farewell ceremonies. What is a Notice to Produce? Appeals From courts From other bodies Full Courts. Case Management Handbook. Communication Devices. If you are not a party or a lawyer, you can: Check the Applicant’s lawyer’s website, or Apply to the Court for inspect the documents – see Access to Court Documents for details on how to apply and any restrictions on such applications.
Family Court of Australia
We endeavour to keep these documents up to date, but please note that the information in the Guides is not a substitute for legal advice. Please contact us for advice if you have a specific legal problem. Please consult your doctor to discuss what constitutes reasonable precautions in your particular circumstances. When are you legally required to disclose your HIV status?
What is the age of consent? In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said ‘yes’ at the time.
Any sexual activity without your agreement is unlawful. The legal age for consent for having sex in Queensland is This strict age limit is in place to help protect you from harm. Find out more about when I can have sex. If someone tries to have sex with you without your agreement this may be considered sexual assault or rape and you should report it to the police. You can also get support from a range of sexual assault support services.
Strict age limits apply for when you can legally have sex. These apply to people in same-sex and heterosexual relationships, and are designed to protect you from harm from older people. This includes:. There are some other situations where sexual activity with a person is considered to be even more serious. These include if:. This also applies to same-sex couples.