Australian age dating laws

Criminal Law
Contents:
  1. Taking care of yourself when having sex
  2. Ages of consent in Oceania
  3. The age of consent
  4. Consent to sexual activity

Parents and step-parents; Teachers; Employers; Youth workers; Sports coaches; Counselors; Health professionals; Religious leaders; Out of home carers; Police on duty; Defences exist against offences under these sections where the accused was validly married to the child Section 49Y. Sexual offences against children Child under 12 It is an offence to sexually penetrate a child aged under Child under 16 It is an offence to sexually penetrate a child aged under 16 Section 49B. Defences exist to a charge under Section 49B where: The accused was no more than two years older than the child and the child was aged 12 or older; The accused reasonably believed the child was aged 16 or older and the child was in fact aged 12 or older; Sex Offenders Register The Victorian Sex Offenders Register started in and is governed by the Sex Offenders Registration Act Character evidence is evidence that relates to whether an accused is of good or bad character.

Taking care of yourself when having sex

Whether or not character evidence is admissible in a proceeding depends on whether the evidence is of good or bad character. The rules of character evidence are set out in the Uniform Evidence Act, which codifies and in some…. Open justice is a fundamental principle of the Australian legal system. The public is generally free to enter courts and watch legal proceedings. Information relating to court decisions and the progress of litigation is generally available to the public.

Ages of consent in Oceania

However, in some circumstances, the court may make a Suppression Order, prohibiting the disclosure of information…. The age of criminal liability is the age at which a person can be arrested, charged and found guilty of a criminal offence. The age of criminal liability in Victoria is This is the same as the minimum age of criminal liability under federal law and in all the other Australian states and territories.

Magistrates Courts across Australia spend a significant portion of their time dealing with Intervention Order applications and breaches of such orders. However, such individualised preventative and responsive measures fail to address the causes and social values behind family violence. Carnal knowledge is now defined as sexual penetration of any kind, including anal intercourse, and to any extent.

This provision sets out different maximum penalties for carnal knowledge of children of different ages, with the harshest penalties being for sexual acts with children under the age of 12, which carries a maximum penalty of life imprisonment. The Criminal Code Act also contains a provision of Indecent treatment of a child under 16 Section This provision is broader in scope than Carnal Knowledge as it includes sexual contact that falls short of sexual penetration.

It also covers the exposure of a child to pornography or to an indecent act between the offender and another person. A range of provisions exists making acts preparatory to sex with a child under 16 unlawful as well. These include taking a child for an immoral purpose Section , procuring a young person for carnal knowledge Section , using the internet to procure a child under 16 to engage in a sexual act Section A and grooming a child under 16 Section A. In Queensland, unlike some of the other states, if the child consented to sex this cannot be used as a defence.

The age of consent

This is the case even if the child was aged 14 or In Queensland, persons who are found guilty of particular child sex offences are required to register on the Child Protection Offender Registry. Offenders on this registry are required to keep police up to date with their residential details and inform police if they leave Queensland.


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They are also required to report to police annually. Persons found guilty of serious child sex offences must register and remain on the registry for a designated period depending on the offence committed and whether they re-offend. The age of consent varies between different states and territories.

Age of consent in Queensland

In the Northern Territory it is The law does not prohibit young people below 16 from having sex but rather, it prohibits other people from having sex with them. The Northern Territory Criminal Code Act sets out various criminal offences consisting of sex acts with children below various ages. It is these offences that determine the age of consent.

In the Northern Territory it is an offence to have sexual intercourse with a child under 16 Criminal Code, Section This includes penetrative sex and oral sex and is the same for everyone regardless of gender and sexuality. The Criminal Code Act makes it an offense for anyone to have sex with a child under 16, not only for an adult.

Consent to sexual activity

Sex between two fifteen-year-olds is therefore unlawful in the NT and both participants could be charged with a criminal offence as a result. It is also an offence in the Northern Territory to have sex with a child who is aged 16 or 17 and who is under your special care.

This includes being a teacher, youth worker, counsellor or employer. Sexual offences against children under 16 who are also under special care, or belong to particular classes which make them more vulnerable, are more serious and carry heavier penalties.