Question of the month

The Age of Consent

Question

I am 16 and my boyfriend is 21. Is it illegal for us to be having sex?

Answer

Under the law in Victoria, there are age limits for when you are allowed to have sex.

The law says that if you are 10 to 15 years of age, a person cannot have sex with you if they are more than two years older than you (even if you agree). Exceptions to this are if the person believed you were 16 or older, or the person believed they were married to you.

If you are 16 or 17 years old, no one who is caring for you or supervising you (like a teacher, youth worker or foster carer) can have sex with you, even if you agree. Exceptions to this are if the person believed you were 18 or older, or believed they were married to you. As the older person, your boyfriend could be charged with sexual assault if he is in a supervisory capacity.

So as long as your boyfriend is not in a supervisory capacity it is legal for you two to have sex.

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