For free and confidential legal advice about this topic, you can here. Deciding to have sex with someone is a big decision. If you think that you are ready to have sex, it is important that you are aware of the different laws about how old you have to be to have sex, and to understand what the law means by sex.
Before you have sex, you should talk to a health professional about how to practice safe sex and to make sure you are fully aware of the risks of practising unsafe sex. It is never okay for a person to have sex with another person who is under 12 years old. If you are aged years old, you can legally have sex with another person who is less than 2 years older than you as long as you both actively agree to it. Once you turn 16, you can legally have sex with another person who is also aged 16 years or older as long as you both actively agree to it.
Also, a person in a position of care or authority e. What does age of consent mean?
What does consent mean?
The age of consent is the age at which the law says you can agree consent to have sex. If you are under the age of consent, the law says that you cannot legally agree to have sex, and any person that tries to have sex with you has broken the law. It is never ok, and it is a crime, for someone to assume you have given consent, or to force you to keep going if you want to stop.
A person can also withdraw their consent at any time during sex. Sex here does not involve kissing, or touching if there is no penetration. For more information about these laws please see our Victoria on sexual assault.
Also, there are also special laws applying to sex that is filmed, photographed or distributed online or by phone, for more information about these laws please see our Victoria on sexting. If you are aged years old, you can legally have sex with someone that is less than 2 years older than you OR if the person you had sex with believed you were aged 16 or older. Generally you cannot have sex with another person who is under 16 years old unless you meet one of the exceptions listed above. When you are 16 years or older, you can have sex with another person aged 16 or older if you both freely consent to it.
However, you cannot have sex with someone who is caring for you, supervising you or has authority over you, like a teacher, sports coach, youth worker, counsellor, foster carer, religious instructor, health professional, police officer or employer while you are aged No matter how old you are, it is never ok to have sex with someone without their consent.
If you, or anyone you know, has been sexually abused, the experience and impact of that will be different for everyone, but whatever your reaction, it is a normal response to an extreme situation. You are not to blame.
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If someone is found guilty of breaking the laws around age of consent, they can be charged with a serious criminal offence, sent to jail and placed on a public sex offender registry. The public sex offender registry is a list of adults who have been found guilty of a sex crime.
Registered sex offenders are required to keep the police informed about their personal details, whereabouts and travel arrangements. They are also required to report the names and ages of children with whom they live or have regular contact. Registered sex offenders are not allowed to work in any child-related employment. Deciding to have sex with someone is a big step. Remember that the decision is up to you.
The other person must respect your choice. If they try to have sex with you without your agreement, they are committing a crime. If you are thinking about having sex, please be aware of the risks that are involved with unsafe or unprotected sex. These risks include:. For information about how you can protect yourself against the risks of unsafe sex, you contact Family Planning Victoria on 03 or visit their website. You can check out these helpful resources for more information on sex:.
If you have a legal question, and you are aged 24 or under, you can here. If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem.
Just click on the button below. The law is different in each state and territory. Please select your state or territory to view legal information that applies to you. Sex and dating.
What you need to know — summary It is never okay for a person to have sex with another person who is under 12 years old. What does consent mean? A person does not give their consent include if they: feel threatened, forced or afraid; are restrained against their wishes; are asleep or unconscious; are affected by alcohol or another drug to the point that they cannot consent; are mistaken about the nature of the act or the identity of the person they having sex with; or never do or say anything to indicate consent.
What do we mean by sex?
When can I have sex in Victoria? If you are years old If you are aged years old, you can legally have sex with someone that is less than 2 years older than you OR if the person you had sex with believed you were aged 16 or older. If you are under 16 years old Generally you cannot have sex with another person who is under 16 years old unless you meet one of the exceptions listed above.
If you are aged 16 to 17 years old When you are 16 years or older, you can have sex with another person aged 16 or older if you both freely consent to it. Important Information for all ages No matter how old you are, it is never ok to have sex with someone without their consent. What happens if someone breaks these laws? Talking about safe sex Deciding to have sex with someone is a big step. These risks include: getting a sexually transmissible infection STI like chlamydia; getting a blood borne virus like HIV; or unplanned pregnancy. Kids Helpline provides free and private counselling to young people up to age You can call them on24 hours a day, 7 days a week.
They provide counselling, advice, or referrals to helpful services. Family Planning Victoria is a clinic that provides sexual healthcare safe sex services and advice.
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Share this article. Date Published January 30, Last Updated June 21, Got a question you can't get answered? Get help now. Select Your State or Territory The law is different in each state and territory. You can them on 03 or e-mail them at [ protected].