What is the age of consent in Victoria?

The age of consent in Victoria is 16 years old. As such it is not legal for someone to engage in sexual activity with a person under the age of 16, as the other person is not legally capable to provide their consent.

It is also very much illegal for someone in a position of authority, such as a teacher or coach to engage in sexual activity with a person under the age of 18 who is under their care or supervision. The penalties such conduct will attract for engaging in sexual activity with a person under the age of consent can be severe, including imprisonment and being placed on the sex offender registry for life.

Does the age of consent in Victoria change if the age of the participants are younger than 18?

The age of consent will stay at 16 years old even if both the participants are under the age of 18. However, between the ages of 12 and 16, the participants will not be charged if there is an age difference of two years or less and the youngest participant is at least 12 years old.

There are laws in the Crimes Act 1958 that prohibit certain sexual activities involving minors, including such laws as those governing sexual penetration of a child under 12 years old, and laws against sexual activity with a child under the age of 16 who is in a position of dependency or trust, such as a student or someone in care. Engaging in any sexual activity with a minor can result in criminal charges and serious penalties, including very long terms of imprisonment and placement on the sex offender registry.

Additionally, if the sexual activity is non-consensual or involves force or coercion, it can still be considered a criminal offence regardless of the ages of the participants.

Can a mistake about age of consent be a legal defence?

There are legal defences that can apply to criminal charges which arise from a mistake involving the age of consent in Victoria. It is not uncommon for there to be a dispute as to whether or not the accused person was aware of the age of an alleged victim. In cases such as these, there may be a defence available if the available evidence supports the proposition that the accused person did not know the true age of the alleged victim, and it appears to a reasonable person that the alleged victim was of the age of consent in Victoria.

Is it a legal defence to not know about the age of consent?

The law in Victoria is quite complicated, and on one level it does appear to be a valid argument that one should not be subjected to a law they are ignorant of. However, the legal system would not be able to operate at all if one could use ignorance of the law as an excuse. This principle is applied extensively, and as a result it is not a legal defence to not know about the age of consent.

Are there any legal defences that apply to a position of dependency or trust?

A strange aspect of the operation of the age of consent in Victoria is that the age of consent varies depending on whether or not the accused person has a position of dependency or trust with the alleged victim. Although the age of consent may be 16 years of age under normal circumstances, the age of consent becomes 18 where the accused person has a position of dependency or trust with the victim. In such circumstances there may be a dispute about whether the relationship between the accused person and the alleged victim actually involves a position of dependency or trust. Although it may be alleged to be so, on close analysis, this may not be true.