If you're under 25, or an adult asking on behalf of a person under 18, you can send your questions to Lawmail and we will email an answer to you in under 10 days. Urgent matters are dealt with more quickly. When can I have sex? What are the ages of consent in New South Wales?
Who cannot have sex with me? What you need to know — in brief It is never okay for any person to have sex with another person who is under If you are at least 16 years old, another person 16 or older can have sex with you if you both agree to it.
But if you are 16 or 17 years old, it is a serious crime for a person who is in position of care or authority over you eg. We advised Maddy that she is under the general age of consent for sex in New South Wales the ages of consent in New South Wales and apply equally to straight, gay, lesbian, bisexual sex and to people of all genders. She was told that even if she is willing to have sex with her girlfriend, it is still against the law for her girlfriend to have sex with her.
Her girlfriend not Maddy could face a serious criminal charge, jail and be placed on the sex offender register.
Maddy was also told that once she turns 16, she and her girlfriend can have sex legally in New South Wales. Maddy was also given referrals to local services she could contact if she wanted to discuss safe sex. In New South Wales, there are a few different ages of consent imposing limitations on when and with who you can have sex. They exist to balance your human right to choose when and with who you will have sex and your human right, as a child or young person, to be protected from sexual abuse, particularly by adults.
If you have been sexually abused, the experience and impact of that will be different for you than for anyone else, but whatever your reaction, it is a normal response to an extreme situation. You are not to blame. So, sex here means sexual penetration — we are not talking here about kissing or touching that does not involve sexual penetration.
We are also not talking here about the additional laws applying to sex that is filmed, photographed or distributed online or by phone for that see our New South Wales Sexting page. If you are under the age of consent, the law says that you cannot legally agree to have sex. So even if you say yes to sex, a person who has sex with you can be charged with a serious criminal offence, jailed and placed on the sex offender register. In New South Wales, there are a few different ages of consent imposing limitations on when and with who you can have sex, explained below.
Agree consent means free agreement to sex. It is more than merely submitting to sex. A person does not freely agree to sex when: There are other ways too in which the law says that a person has not freely agreed to sex. Family means your parent your grandparent, brother, sister and half- brother or half-sister, being a family member from birth.
All adults who have committed a sex crime involving a child are automatically included in a register of sex offenders. Child sex offenders under the age of 18 years may also be included in the register by a court order. Registered sex offenders are required to keep the police informed about their personal details and whereabouts.
They are also required to report the names and ages of children with whom they live or have regular contact. Registered sex offenders are also prevented from engaging in child-related employment. Deciding to have sex with someone is a big step. The decision is up to you. The other person must respect your choice. If they physically try to have sex with you without your agreement, they may be committing a crime. If you are thinking about having sex, you need to be aware of the risks that are involved which include getting a sexually transmissible infection STI like chlamydia and blood borne viruses like HIV.
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