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In New South Wales, a person can legally consent to sexual activity once they are 16 years of age. A person who is under 16 years of age cannot lawfully consent to sexual activity, whether it be kissing, touching or sexual intercourse. Any person who engages in sexual activity with a person who is under the age of consent may be guilty of a crime. Having sex with an underage person is an offence even if the person under 16 wanted to engage in the conduct.
This is because a person under the age of 16 is legally incapable of consenting to sexual activity. However, that does not mean the act is consensual at law.
As outlined above, the age of consent in New South Wales is 16 years meaning that sexual activity with any consenting person who is above the age of 16 is legal. The offences are contained pursuant to section 73 and 73A of the Crimes Act The defence of similar age can be argued in relation to sexual offences involving children under the age of This most commonly occurs where:.
The defence of similar age has not always been a defence. It is located in section 80AG of the Crimes Act following an amendment in The mistake must be both honest and reasonable. It is not enough that a person truly believed that another was over the age of 16 if the circumstances of that belief are not reasonable. If you require legal advice or representation in any legal matter, please contact Armstrong Legal. This article was written by Trudie Cameron.
Trudie is an accredited specialist in criminal law, practising exclusively in criminal and traffic law. Trudie defends clients charged Child sex offences attract lengthy termsβ¦. In New South Wales, some criminal offences have a fault element, while others do not. A fault element is theβ¦. In July , a standalone offence offence of coercive control was introduced in New South Wales. The offence is committedβ¦. Toggle Navigation Family law. Criminal Law.