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The age of consent in Victoria is 16. In Australia, it is 16 or 17 depending on the state or territory. In Victoria, the age increases to 18 if the older person is in a position of authority such as a teacher, coach, employer, or carer.
What Is the Age of Consent in Australia?
Across Australia, the legal age of consent is:
- 16 in VIC, NSW, QLD, WA, NT, ACT
- 17 in SA and TAS
What Is the Age of Consent in Victoria?
In Victoria, the age of consent is 16. A person under 16 cannot legally agree to sexual activity.
Positions of Authority – Higher Age of Consent
In Victoria, the legal age of consent becomes 18 when the older person is in a position of authority such as a teacher, coach, counsellor, employer, or religious leader. We often have cases where teachers have started relationships with students and the argument is around whether it started before 18 or not
What Is the Legal Age Gap for Dating in Australia?
Normally there is no fixed legal age gap. The key issue is whether each person is above the legal age of consent.
However, there is a provision under section 49U of the Crimes Act 1958: if a child is between 12 and 15 years old, they can legally consent to sexual activity with someone who is no more than two years older. For example, a 14-year-old could legally engage in consensual sexual activity with someone aged 15 or 16, but not with someone older. Or a 15-year-old could have sex with a 17-year-old.
Penalties
Penalties vary depending on the charge under the Crimes Act 1958 (Vic) and may include imprisonment, community orders, and placement on the Sex Offenders Register.
When to Seek Legal Advice
Anyone contacted by police about sexual activity involving a person under 18 should seek legal advice as early as possible. It is free to have an initial conference with us and it is much safer to have proper advice if the Police have approached you. Do not speak to the Police before talking to a lawyer.
FAQs
- What is the age of consent in Australia?
It is 16 or 17, depending on the state. - What is the age of consent in Victoria?
It is 16, or 18 if the older person is in a position of authority. - What is the legal age of consent?
In Victoria, the legal age of consent is 16.
Sexual Offences Against People Under the Age of Consent in Victoria
- Abduction or Detention of a Child Under the Age of 16 for Sex
- Indecent Act In the Presence of a Child Under the Age of 16
- Persistent Sexual Abuse of a Child Under 16
- Sexual Penetration of a Child Under 16
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.