The age at which a young person can enter into a sexual relationship varies according to a number of factors. The applicable legal principles were introduced into the Crimes Act 1958 (Vic) ("Crimes Act (Vic)") by the Crimes (Sexual Offences) Act 1980 (Vic). The stated aims of this Act include:
- the protection of all persons from sexual assaults, coercion and exploitation;
- the desire not to invade people's privacy more than is necessary to protect them; and
- to treat both sexes as far as possible in the same manner.
For more detail on the operation of these provisions, see: Chapter 4*3 Sexual Offences.
The basic principles are:
- it is an offence to take part in or attempt to take part in an act of sexual penetration with a child under 10. The child's consent is not a defence;
- it is an offence to take part in or attempt to take part in such an act with a young person aged between 10 and 16 unless the young person consents; and
- the accused believed on reasonable grounds that the young person was 16 or over; or
- the accused was less than two years older than the young person; or
- the accused believed on reasonable grounds at the time of the offence that they were married to the young person;
- it is an offence for a person to maintain a sexual relationship with a young person under 16 who is not their spouse; and
- it is an offence to take part or attempt to take part in an act of sexual penetration with a young person of 16 or 17 who is under the accused's care, supervision or authority and is not their spouse, unless the young person consents and the accused believed on reasonable grounds that:
- the young person was 18 or older; or
- that they were married to the young person (ss.4549 Crimes Act (Vic)).
Acts of sexual penetration are prohibited between parents and children, other lineal descendants or step-children and between brothers and sisters and half brothers and sisters. For a more detailed discussion of this, see: "Incest" in Chapter 4*3 Sexual Offences.
Protection by way of intervention orders is available for young people who are survivors of incest or family violence, which can be obtained under the Family Violence Protection Act 2008 (Vic). Applications for these orders can be made to the Registrar at the local Magistrates' Court or at the Children's Court. The Magistrate is empowered to make an interim order prohibiting the offender from entering the house or vicinity from the date the application is made.
The Act provides that children over the ages of 14 can apply, with the leave of the court, for an intervention order on their own behalf against a parent or other family member. A third party can apply, with the leave of the court, without parental consent and on behalf of a child for an intervention order.
A police officer can make an application for an interim order by telephone or fax to a Magistrate after business hours or during the weekend (s.44). (See also: Chapter 5*4 Family Violence.)
Young women, in particular, should be aware of the risk of a protection application (see: "Welfare cases", in Chapter 6*2 The Children's Court) being taken out by DHS where they are found in a situation where incest has occurred. Mandatory reporting requirements oblige some professionals (e.g. doctors, nurses, the police and teachers) to report sexual and physical abuse of children. Further information about the legal requirements of reporting child abuse may be obtained from Victoria Legal Aid or a community legal centre (see: Chapter 2*4 Advice Directory, for contact details).
Survivors of incest or family violence are entitled (if the offence has been reported to the police) to make application for compensation under the Victims of Crime Assistance Act 1996 (Vic) (see: Chapters 18*4 Assistance for Victims of Crime, and 4*3 Sexual Offences).
Under the Prostitution Control Act 1994 (Vic), it is an offence to cause or induce anyone under 18 to take part in prostitution, whether as a prostitute or as a client.
It is also an offence to receive payment knowing that it has been derived directly or indirectly from sexual services provided by a child or to enter into, or offer to enter into, an agreement for a child to provide sexual services in return for payment or in exchange for drugs (ss.5, 6, 7 & 10).
Under the Act, a young person may be charged with soliciting for the purposes of prostitution in a public place or being found in an unlicensed brothel (ss.13 & 15).
SEXUAL RELATIONS :: Last updated: Thu Jul 1st 2010

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