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Find out when you can have sex in Victoria, what consent means, and what happens if someone breaks the laws around the age of consent.
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In situations where there is a clear age difference - for example a teenager and a young child - any sexual interaction is sexual abuse, as there is a definite power imbalance. However, when both parties are close in age, identifying whether the sexual activity is abusive is more complex.

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Ryan proposed three factors that must be considered in order to evaluate sexual interactions between two or more children: consent, equality and coercion. Reflecting on these three factors can help to clarify when behaviour is abusive. According to theoretical and practical understandings of consent, those key elements include:.

Equality relates to the balance of power and control between those involved in sexual activities.

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Gender and gender inequality also play a role in sexual consent. Coercion can be described as the peer pressure put on one child by another to achieve compliance Ryan, Such pressure can be placed on a continuum. The lower end may include implied authority, manipulation, trickery or bribery. The top end of the continuum may include physical force, threats of harm and overt violence.

If the relationship between two children or young people under the legal age of consent is unequal, non-consensual or coercive, it is abusive and may require a child protection or judicial response. Recent sex education programs for children and young people aged below or at the age of consent have shifted from a dominantly risk-based paradigm to building knowledge and resilience, particularly with regard to contemporary matters such as digital technologies.

Public concern about young people's healthy sexual development now includes debates regarding their use of information and communication technologies, the majority of which are internet-enabled. The widespread use of mobile phones has led to a number of legal interventions that attempt to protect children from sexual exploitation in online environments.

Sexting laws provide a good example of how digital sexual activity does not necessarily align with broader age of consent laws in Australia. McLelland , p. This can present challenges to young people and those who work with them. For more information about young people and sexting, see Lawstuff and the Office of the Children's eSafety Commissioner. If a person is accused of engaging in sexual behaviour with someone under the legal age, there are various statutory defences available, which are outlined in legislation.

While legislation varies in each state and territory, in general two types of defences are available Cameron, The first type relates to whether the accused believed on reasonable grounds that the person with whom they engaged in sexual behaviour was above the legal age of consent. All jurisdictions except New South Wales have provisions for this defence in legislation; however, several variations exist regarding restrictions on the use of the defence according to the age of the alleged victim.

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The defence cannot be used if the victim's age at the time of the alleged offence was:. The second statutory defence relates to situations in which the two people are close in age. For example, in Tasmania it is a defence if the child is 15 years of age and the accused person was not more than 5 years older than the child, or if the child was above 12 years of age and the accused person was not more than three years older than the child.

In Victoria and the Australian Capital Territory, engaging in sexual behaviour under the legal age can be defended if the defendant was not more than two years older, and in Western Australia not more than three years older, than the person against whom the offence is alleged to have been committed. In Victoria and Western Australia there is also a legal provision for defence if the accused can demonstrate they are lawfully married to the child.

Details for other states can be found in Table 2. If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 55 3. It states that:. If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 4. If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 5.

If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 49 4. If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 3. It states:. If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section 45 4.

If a person is charged with engaging in sexual activities with a person under the legal age, a legal defence is outlined in section The framework discusses the importance of raising awareness and broader knowledge in the community about the importance of healthy relationships. Age of consent laws are important measures for protecting children and young people from sexual predation and exploitation. Whether the sexual interaction between an adult and a person under the age of consent appeared consensual is irrelevant, as children and young people are determined in law to lack the decision-making capacity to consent to sexual activity with an adult.

Adolescence is an important stage of growth, in which young people are developing autonomy, learning to form intimate relationships outside of the family, and negotiating desire. The challenge for legislation is to find the balance that ensures age of consent laws protect young people from adult sexual exploitation in a manner that does not disempower them or criminalise the sexual exploration with peers that is normal for their age and stage in life.

The content is current as of June Copyright information. A practical guide for organisations, professionals and any other person responding to children and young people disclosing abuse. Examines various aspects of supervision in work with adolescents, and provides tools to assist professionals and stimulate discussion. Information about who is required by law to report suspected child abuse and neglect to government child protection authorities.

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