Age of consent? quick q (1 Viewer)

[melsc]

Ihave ipt monday....english thurs....french tues...italian and legal...wed...IPT prac +french speaking fri and ital speaking on monday then we have to go back to school 4 tues-fri

 

[melsc]

Thats what i think, bcoz they cannot consent in the eyes of the law...

 

[wrong_turn]

discretion can only go so far, but in this part of the law, they are quite strict.

man?! i have such a cramped up timetable?! i have legal and 2u maths on one day. then i have 3u maths and chemistry the next day?!

 

[glycerine]

butttt there are different degrees. ie the difference between having sex with a 13 year old and a 15.5 year old is recognised to a degree in the law

 

[melsc]

also wats the go when two underage kids have sex?

 

[glycerine]

i don't think either of them can be prosecuted?? because say for example if they charge the male (assuming its hetereo sex) that's suggesting that one gender has more control etc over the other

 

[melsc]

thats what i thought

 

[wrong_turn]

generally what happens in this situation is that the male would be the one who would be at fault. though i am not sure what happens. however, in general, the male would be the one who is held responsible, since they are thought to hold the greater power, as in strength-wise.

 

[glycerine]

uhhh i don't think so :s

 

[wrong_turn]

thats legislation for you. unless there is some precedent to undermine this thought process.

 

[melsc]

dude, nsw everyone 16 years of age, homo, lesbian, hetro, either way its all 16!

Thats wat i thought

 

[Jonathan A]

here it is:
males consent; hetrosexual-16
homosexual-18
female consent; hetrosexual-16
lesbians- 16

if a person is found guilty to have not consented, or has ahd sex with soemone below the consented age this would then result in criminal action

int eh case of the latter, this would result in aggravated sexual assault.

http://www.lawlink.nsw.gov.au/__ca25698a00114316.nsf/0/a55ba9b6c8b24b16ca2569a400094b81?OpenDocument

The law has changed.

 

[Jonathan A]

thats legislation for you. unless there is some precedent to undermine this thought process.

Statutes override precedent.

 

[wrong_turn]

i know that but there is now present statute

 

[Jonathan A]

Refer to the Crimes Act 1900 (NSW). There have been ammendments. Besides, common law hardly ever gives a straight age that is consistent - usually relies on Statute law recently.

 

[elissa]

i read that if a person between the age of 14 & 16 has sex - and the person they have consensual sex with believe them to be 16 then the penalties are less severe

 

[Jonathan A]

i read that if a person between the age of 14 & 16 has sex - and the person they have consensual sex with believe them to be 16 then the penalties are less severe

Yes it's a mitigating factor.