Can a Minor Be Charged with Statutory Rape?

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In western law, the age of consent is the age at which an individual is treated as capable of consenting to sexual activity. Consequently, any one who has sex with an underage individual, regardless of the circumstances, is guilty of a crime. Narrowly concerned with sexual violence, and with girls, originally, since the 19th century the age of consent has occupied a central place in debates over the nature of childhood, adolescence, and adulthood, and been drawn into campaigns against prostitution and child marriage, struggles to achieve gender and sexual equality, and the response to teenage pregnancy.

This module traces the shifting ways that the law has been defined, debated and deployed worldwide and from the Middle Ages to the present. An age of consent statute first appeared in secular law in in England as part of the rape law. The statute, Westminster 1, made it a misdemeanor to “ravish” a “maiden within age,” whether with or without her consent. The phrase “within age” was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years of age.

A law making it a felony to “unlawfully and carnally know and abuse any woman child under the age of 10 years” was generally interpreted as creating more severe punishments when girls were under 10 years old while retaining the lesser punishment for acts with and year-old girls. Jurist Sir Matthew Hale argued that the age of consent applied to and year-old girls, but most of England’s North American colonies adopted the younger age. A small group of Italian and German states that introduced an age of consent in the 16th century also employed 12 years.

An underage girl did not have to physically struggle and resist to the limit of her capacity in order to convince a court of her lack of consent to a sexual act, as older females did; in other words, the age of consent made it easier to prosecute a man who sexually assaulted an underage girl. However, since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for an underage female to consent to sexual activity.

Age of consent laws

If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 55 or Lifeline on 13 11 This document is provided as a guide only. Information is current up to the date of publication.

Stephen Robertson, University of Sydney, Australia Jurist Sir Matthew Hale argued that the age of consent applied to and year-old girls, but most of England’s Laws and regulations based on age were uncommon until the 19th century, raised it to between 13 and 16 years in the second half of the 19th century.

The Age of Consent in Australia is 16 years old. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Australia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. Australia statutory rape law is violated each of Australia’s territories has local laws specifying an age of consent, which ranges from a low of 16 years old to a high of 17 years old.

Several territories also have close-in-age exemptions. Australia has ten territories that have their own local age of consent laws. These territories are listed in the following table:. Australia has a close-in-age exemption.

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The ages of consent for sexual activity vary by jurisdiction across Australia , New Zealand and other parts of Oceania , ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.

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Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in Every state and territory of Australia has different criminal laws and therefore, different laws relating to the age of consent. In Western Australia, the age at which a person can validly consent to sex is This is the same for males and females and for heterosexual and homosexual sex.

A person who is aged 16 or 17 cannot validly consent to sex with a person who is in a position of authority over them. In these cases, the age of consent is Consent is defined as consent freely and voluntarily given. Consent is not freely and voluntarily given if it is obtained by force, threat, intimidation, deceit or other fraudulent means Criminal Code Compilation Act, Section The age of consent laws apply to sexual intercourse, meaning the penetration of the vagina, anus or mouth by a penis or the penetration of the vagina or anus by an object.

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The laws about sexual matters set clear limits for having sex. If police want to question you about an offence, see a lawyer as soon as possible. In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said ‘yes’ at the time.

General features · the age of consent is 16 years for all persons – the old differentiation between unlawful homosexual and heterosexual acts and.

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