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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 Victorian page).The age of consent is the age at which the law says you can agree (consent) to have sex.If you are under the age of consent, the law says that you cannot legally agree to have sex.If you feel unsure about someone’s age, it is always good to check.
For 16–17 year olds, another person 16 or older can have sex with you if you both agree to it, but sex with a person in a position of care or authority over a 16 or 17 year old is a serious criminal offence in which the carer/supervisor can be charged.
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.
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. A person does not freely agree to sex when: (1) submitting because of force or fear; OR (2) they are being restrained against their wishes; OR (3) they are asleep, unconscious or severely affected by alcohol or another drug; OR (4) mistakenly believing that the sex is for medical or hygienic purposes.
In Victoria, there are a few different ages of consent imposing limitations on when and with who you can have sex, explained below. There are other ways too in which the law says that a person has not freely agreed to sex.