Ages of consent in Australia and Oceania
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The ages of consent for sexual activity vary by jurisdiction across Australia and Oceania. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, for example homosexual relations or close in age exceptions may exist and are noted when relevant.
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[edit] Australia
Australia is a Federation of States and Territories. Australia's Constitution protects and retains certain residual powers for the States and so the Australian Federal Government (the Commonwealth) has constitutional limitations on what issues it can legislate. This means that each State has its own laws regarding AOC. However, it is worth mentioning that a 1997 Federal Government and the United Nations Human Rights Committee ruling caused each State to repeal any differences in homo/heterosexual AOC. This is due to International Affairs being a power of the Commonwealth.
[edit] Federal laws (laws that apply to all Australians)
It is an offence for an Australian Citizen, Resident or Body Corporate {s50AD} while outside of Australia to have sexual intercourse with a child under the age of 16 {s50BA} or to induce a child under 16 to have sexual intercourse {s50BB}, or be somehow involved in a similar sexual act {s50BC}&{s50BD}
Sex between consenting adults (18 or over) in private, regardless of gender or sexual orientation can not be outlawed under Section 4 of the Human rights (sexual conduct) Act 1994 [1].
[edit] Australian Capital Territory
It is an offence in the Australian Capital Territory to engage in sexual intercourse with a person under the age of 16 {s55(2)}. However the law does permit as a defence if brought to court, an age difference of 2 years for those older than 10 years {s55(3b)}. (Last updated 24th December 2005)
[edit] New South Wales
It is an offence in New South Wales to engage in sexual intercourse with a person under the age of 16 {s66C} or attempt such an offence {s66d}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s73} (Guardian, teacher etc). (Last updated 24th December 2005)
[edit] Northern Territory
It is an offence in the Northern Territory to engage in sexual intercourse with a person under the age of 16 {s127} or attempt such an offence {s131}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s128} (Guardian, teacher etc). (Last updated 24th December 2005)
[edit] Queensland
It is an offence in Queensland to have carnal knowledge with a person under the age of 16 {s215}. Note that in Queensland “carnal knowledge” does not include “sodomy”. Sodomy (or in this case, anal sex) is not permitted with any person under the age of 18, regardless of gender or what position is taken by which individual {s208}. (Last updated 24th December 2005)
[edit] South Australia
It is an offence in South Australia to have sexual intercourse with a person under the age of 17 {s49(3)}. However it is a defence if both parties were 16 at the time of the offence {s49(4)} or if both parties are married to one another {s49(8)}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s49(5)} (Guardian, teacher etc). (Last updated 24th December 2005)
[edit] Tasmania
It is an offence in Tasmania to have sexual intercourse with a person under the age of 17 {s13-124}. However it is a defence if no anal sex occurred and the younger person was of or above 12 years and the older was not more than 3 years their senior or, if no anal sex occurred and the younger person was of or above 15 years and the older was not more than 5 years their senior {s13-124(3)}. (Last updated 24th December 2005)
[edit] Victoria
It is an offence in Victoria to take part in sexual penetration with a person under the age of 16 {s45(1)}. However it is a defence if the younger party was aged 10 years or older and the defendant was not more than 2 years older than the younger party {s45(4)(b)}. It is a separate offence for a person to take part in sexual penetration with a 16 or 17 year old person who is under the care of the defendant {s48} (guardian, teacher etc).
[edit] Western Australia
It is an offence in Western Australia to sexually penetrate a person under the age of 16 {s321}. Further it is an offence to sexually penetrate a person under the age of 18 if that person is under the care of the offender {s322} (Guardian, teacher etc). (Last updated 24th December 2005)
[edit] Further reading
- Opinion piece by David Skidmore regarding developments in Western Australia
[edit] Cook Islands
It is an offence to have sexual intercourse with a girl under the age of 16 years, under sections 146 and 147 of the Cook Islands Crimes Act (1969). If the victim consented and is aged 12 years or more, it is a defence if the defendant was younger than the girl, or if he was under 21 years of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 years or older. (These defenses do not apply if consent was gained fraudulently.)
There is no minimum age of consent for boys, although sodomy is illegal at any age (under section 155 of the Crimes Act) and it is illegal for men aged 21 years or more to commit indecent acts on boys under 15 years of age (under section 153 of the Crimes Act). Similarly, it is illegal for women aged 21 years or more to commit indecent acts on girls under 15 years of age (under section 152 of the Crimes Act). (Last updated 14 April 2006)
[edit] Fiji
It is an offence in Fiji to have carnal knowledge of a girl under the age of 16 years, under Sections 155 and 156 of the Penal Code of Fiji (1978). If the victim is aged 13 years or more, it is a defence if the defendant "had reasonable cause to believe and did in fact believe" that the girl was aged 16 years or older. There is no minimum age of consent for boys, although carnal knowledge "against the order of nature" and acts of "gross indecency" between males (i.e. anal sex) are illegal at any age, under sections 175 and 177 of the Penal Code. Even though this is unconsitutional, under the consitution of Fiji which forbids discrimination on the basis of "sexual orientation". See [2] (Last updated 14 April 2006)
[edit] New Zealand
It is an offence in New Zealand to have a sexual connection with a young person under the age of 16 years - NZ Crimes Act (1961) Part 7 Section 134. It is a defence if due diligence had been undertaken by the defendant to ascertain the victim's age, had reasonable grounds to believe the victim was aged 16 or over and consent was given - NZ Crimes Act (1961) Part 7 Section 134A. Further it is an offence for a person to have a sexual connection with a young person under the age of 18 if the defendant is in a guardianship role (parent, step-parent, foster parent, guardian, uncle, aunt or other members of extended family, whanau or other power or authority or responsibilty for care or upbringing NZ Crimes Act (1961) Part 7 Sections 131 & 131A
Although Age of consent laws in New Zealand (as with most other western countries) are currently severe, consensual relationships between adults and young teens are usually not prosecuted unless the parent or child complain about it. Similarly, although a teen 14 years or older can be prosecuted for a consensual relationship with a teen under 16 (both parties if both are 14 years or older), this is extremely rare. Even with a complaint, it is still up to police discretion and if the age difference is small it is rarely prosecuted, with a family group conferences being the more likely option [3]. There was an attempt to formalise this under law in 2004, however this was abandoned after a public outcry [4]. It is interesting to note that before 2005, there was not a law in New Zealand prohibiting any form of sexual relationship between adult women and male minors [5]. (Last updated 6 March 2006)
[edit] Papua New Guinea
It is an offence in Papua New Guinea to have unlawful carnal knowledge of a girl under the age of 16 years, under Sections 213 and 216 of the Criminal Code (1974) of Papua New Guinea. If the victim is aged 12 years or more, it is a defence if the defendant "believed, on reasonable grounds" that the girl was aged 16 years or older. It is a crime for any person to indecently deal with a boy aged under 14 years (under section 211 of the Criminal Code), and boys aged under 17 years are not deemed able to consent to acts by another male that, but for their consent, would be indecent assaults (under section 243 of the Criminal Code). Also having or allowing carnal knowledge "against the order of nature" is illegal at any age, as are acts of "gross indecency" between males, under sections 210 and 212 of the Criminal Code. (Last updated 15 April 2006)
[edit] Western Samoa
It is an offence to have sexual intercourse with a girl under the age of 16 years, under sections 51 and 53 of Samoa's Crimes Ordinance (1961). If the victim consented and is aged 12 years or more, it is a defence if the defendant was younger than the girl, or if he was under 21 years of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 years or older. (These defenses do not apply if consent was gained fraudulently.)
There is no minimum age of consent for boys, although sodomy is illegal at any age (under section 58E of the Crimes Ordinance) and it is illegal for men aged 21 years or more to commit indecent acts on boys under 16 years of age (under section 58C of the Crimes Ordinance). Similarly, it is illegal for women aged 21 years or more to commit indecent acts on girls under 16 years of age (under section 58B of the Crimes Ordinance). See [6] (Last updated 14 April 2006)
[edit] Tonga
It is an offence to have carnal knowledge of a girl under the age of 12 years, under sections 120 of Tonga's Criminal Offences Act, and it is no defence to believe she consented (section 122). A girl under 16 years of age cannot legally consent to acts that would constitute indecent assault, but for her consent (section 124). Indecent assault on any child under the age of 12 years is an offence, and consent of the victim is no defense (section 125). Sodomy is illegal at any age under section 136 of the Act. (Last updated 15 April 2006)
