Australia dating laws

Western Australia also has an offence of using electronic communication to procure or expose a child to indecent material: Criminal Code (WA) s 204B.Similarity in age in ‘boyfriend/girlfriend’ cases of sexual assault is also dealt with in prosecutorial guidelines in some jurisdictions.In Tasmania, consent is a defence, except in relation to anal sexual intercourse, where the victim is aged 15 years and over and the defendant is not more than five years older, or where the victim is aged 12 years or over and the defendant is not more than three years older.25.35 A related issue, of particular relevance in cases involving older children, is that of the age of consent.Historically, there were significant inconsistencies within and across jurisdictions with respect to the age of consent—the age at which young people are considered able to consent to sexual activity— based on gender, sexuality and other factors.See, eg, Office of the Director of Public Prosecutions (Vic), Prosecution Policies and Guidelines cl 2.9.2. This is similar to the formulation in Western Australia, where consent may be a defence to sexual offences against children in some instances where the victim is aged 13 years or over and the accused is not more than 3 years older than the victim—Criminal Code (WA) ss 321(9)(b), 321A(9)(b); in the ACT, where the victim is aged 10 years and over and the accused is no more than two years older than the victim—Crimes Act 1900 (ACT) s 55(3)(b); and under the Model Criminal Code where the victim is over the no defence age and the age difference between the parties is no more or less than 2 years—Standing Committee of Attorneys-General, Model Criminal Code (1st edn, 2009) cl 5.2.17.See, Standing Committee of Attorneys-General, Model Criminal Code (1st edn, 2009), pt 5.2, div 6.25.33 Offences against children are commonly expressed in terms of the age of the victim.

For example, Victorian legislation provides that a person must not take part in an act of sexual penetration with a person whom he or she knows to be: 25.37 Similarly, in most other jurisdictions sexual activity occurring in the context of biological and adoptive relationships or involving half-sisters and brothers or step-sisters and brothers is covered by the incest provisions.Western Australia: Criminal Code (WA) s 320(2)—children under the age of 13 years; s 321(2)—children aged between 13 and 16 years.South Australia: Criminal Law Consolidation Act 1935 (SA) s 49(1)—under the age of 14 years; s 49(3)—under the age of 17 years.However, legislation across jurisdictions is inconsistent with respect to whether incest offences also cover conduct arising in the context of de facto relationships or those arising from fostering and other legal arrangements.Overall, incest type offences do not tend to make provision for offences arising in communities which may have extended family and kinship definitions and structures—as is the case within Aboriginal and Torres Strait Islander and some CALD communities.

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