Home Β» Blog Β» Age of Consent in Victoria. The legal age of consent in Victoria is This means that individuals aged 16 and over can legally engage in consensual sexual activity, provided the other party is not in a position of authority over them, such as a teacher, coach or employer.
In Victoria, engaging in sexual activity with someone below the age of consent is a sexual offence, as those under the lowest age of consent are deemed incapable by law of providing valid consent. However, there are certain exceptions to avoid criminalising consensual sexual activity between young people who are close in age. The age of consent laws in Victoria strives to find a balance between acknowledging the emerging sexuality of young individuals while safeguarding children from exploitation and abuse by older individuals.
See here for more on the meaning of consent and sex offences. Victoria allows consensual sexual activity between minors through a similarity in age exemption. This creates a legal age gap, often compared to Romeo and Juliet law, that recognises teenage relationships while still protecting younger adolescents from exploitation by older individuals. Specifically, under section 49U of the Crimes Act , if a child is between 12 and 15 years old, they can legally consent to sexual activity with someone who is no more than two years older.
For example, a year-old could legally engage in consensual sexual activity with someone aged 15 or 16, but not with someone older. Children under 12 cannot legally consent to any sexual activity under any circumstances, per section 49A, even if the other party is close in age. This includes charges that apply to both adults and minors, with severe penalties reflecting the gravity of sexual offences involving children Victoria.
Statutory rape refers to sexual offences involving a minor who is below the legal age of consent, where any form of consent by the young person is considered legally invalid due to their age. So if a 15 year old was to have consensual sex with an 18 year old, this would an example of statutory rape. Specific offences are outlined for different age groups, with children under 12 years being categorically unable to consent under any circumstances s49A , and minors aged 12 to 15 being able to consent only in cases where the other party is no more than two years older s49U.
