Age of Consent in Victoria. (1 Viewer)

[buzzing]

I'm slightly confused about the laws in relation to the age of consent.
I've always been under the impression that one had to be over 16 to consent, period. However, I've recently found out that the age of consent is 10 as long as the persons involved are within 2 years age difference of each other.

Can someone please clear this up for me? Thanks.

 

[Rafy]

CRIMES ACT 1958 (Vic) - SECT 45

(1) A person who takes part in an act of sexual penetration with a child under
the age of 16 is guilty of an indictable offence.

(4) Consent is not a defence to a charge under sub-section (1) unless at the
time of the alleged offence the child was aged 10 or older and- (b) the accused was not more than 2 years older than the child;

 

[buzzing]

Thank you Rafy, however I now have a couple more questions.

Does this mean that if a 16 year old has sex with a 14 year old, they can use the 2 year difference as a defense? Or is it only if both partys involved are under 16?

 

[Frigid]

Does this mean that if a 16 year old has sex with a 14 year old, they can use the 2 year difference as a defense? Or is it only if both partys involved are under 16?

on the face of the text, it seems that the defence can be used as between a 14 year old child and a 16 year old accused.

seems like someone is scared?

 

[buzzing]

Heh, not at all. I'd be lucky to get someone my age let alone another age.

 

[buzzing]

You look like the kidding type, but just incase you aren't..
I'm 17 and I have to write an essay on age of consent for S.O.S.E, I was using "The Legal Maze, VCE Units 1&2" as reference and got confused, which lead me to asking here.