The laws about the age at which a young person can legally consent to sexual activity are different in each state and territory of Australia. In Victoria, like in most jurisdictions, the age of consent is currently However, a person aged 16 or 17 cannot validly consent to sexual acts with a person who is in a position of authority over them, like a teacher or a sports coach.
This is a law allowing consensual sex to occur between two young people who are similarly aged while criminalising sexual activity between an adult and a much younger person. The age of consent laws strive to balance the need for young people to be allowed to explore their developing sexuality and the need to protect children from being exploited and abused by older people. Any sexual activity without consent is a criminal offence regardless of the age of the participants.
Criminal offences relating to sexual acts without consent in Victoria include rape and indecent assault. The Crimes Act states that a person has not consented to sex if:.
In Victoria, a person aged over 16 can validly consent to sex with any other person, except someone who is in in a position of authority over them.
This means that the general age of consent in Victoria is A person who is aged between 12 and 16 can validly consent to sexual activity with a person who is not more than two years older than them. Persons aged 18 or older can validly consent to sex with a person who is in a position of authority over them. In this context, the age of consent is A person aged less than 12 cannot consent to sex with any other person.
