Dating age laws in australia


13-Oct-2017 07:40

The Commissions emphasise, however, that any review of the relevant legislative provisions or the exercise of prosecutorial discretion should recognise contemporary realities of consensual and non-exploitative sexual activity between young people.NSW: Crimes Act 1900 (NSW) s 66A—under the age of 10 years; s 66C—aged between 10 and 16 years.25.38 In some jurisdictions, these offences apply to all age groups—that is, children and adults.25.39 A number of jurisdictions have introduced offences that apply to a defendant who has a special relationship with the victim as a result of the defendant’s position or authority, or the care that he or she provides to the child—for example, as a teacher, religious guide, doctor, employer or sports coach.However, many jurisdictions recognise that consent may play a role in such situations, and consequently there are a range of statutory formulations involving consensual sexual activity between young people under the age of consent but similar in age.For example, in Victoria, consent may be a defence to the offence of sexual penetration or an indecent act where the victim is aged 12 years and over and the accused is not more than two years older than the victim.

Overall, incest type offences do not tend to make provision for offences arising in communities which may have extended family and kinship definitions and structures—as is the case within Aboriginal and Torres Strait Islander and some CALD communities.Western Australia also has an offence of using electronic communication to procure or expose a child to indecent material: Criminal Code (WA) s 204B.Similarity in age in ‘boyfriend/girlfriend’ cases of sexual assault is also dealt with in prosecutorial guidelines in some jurisdictions.There is considerable debate about the use of the term incest: Victorian Law Reform Commission, Sexual Offences: Interim Report (2003) Criminal Code (Qld) s 222(5)–(7A); Criminal Code Act Compilation 1913 (WA) s 329; Criminal Law Consolidation Act 1935 (SA) s 72; Criminal Code Act 1924 (Tas) s 133; Crimes Act 1900 (ACT) s 62; Criminal Code Act 1983 (NT) s 134.

For example, Queensland is one of the few jurisdictions in which the incest provisions cover sexual activity in the context of adopted, step, de facto, foster and other ‘legal arrangement’-based relationships: Criminal Code Act 1899 (Qld) s 222(5)–(7A).Northern Territory: Criminal Code (NT) s 127 under the age of 16 years.