Age laws for dating in australia Video
Comparison: Age Of ConsentConcurrence: Age laws for dating in australia
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This resource sheet is designed to inform practitioners and researchers about age of consent legislation age laws for dating in australia Australia. If you are a young person seeking advice on sexual relations please refer to some of the following websites:. Age of consent laws attempt to strike a balance between protecting children and young people from exploitation and other harms, and preserving their right to privacy and healthy sexual development.
Young people at the age of consent are viewed by law to have general sexual competence to enforce personal boundaries and negotiate the risks involved in sexual activities. When an adult engages in sexual behaviour with someone below the age of consent, they are committing a criminal offence child sexual abuse.
Age of consent laws cannot be considered in isolation to other legislation concerning issues such as sexual assault and child sexual abuse. Age of consent laws are designed to protect children and young people from sexual exploitation and abuse. Such laws effectively determine that children and young people below the age of consent are yet to reach a level of general maturity enabling their safe participation in sexual activities. In relation to sexual abuse charges in each state and territory, the key difference between child sexual assault and adult sexual assault is that adult sexual assault is based on the absence of sexual consent, whereas in child sexual assault, the issue of consent is superseded by age of consent laws Eade, An important distinction should be made between "willingness" and "consent".
The legal age for consensual sex varies across Australian state and territory jurisdictions see Table 1. In Tasmania and South Australia the age of consent is 17 years of age. Although the legal age of consent throughout http://www.xgs.in/blog/matchmaking-gold-coast/online-dating-wants-to-be-friends.php is either 16 or 17 years of age, legislation in New South Wales, Victoria, Western Australia, South Australia and the Northern Territory makes it an offence for a person in a supervisory role to sexually engage with a person under their special care who is aged 16 or 17 years. A person in a supervisory role providing age laws for dating in australia care" may include: a teacher, foster parent, religious official or spiritual leader, a medical practitioner, an employer of the child or a custodial official.
For further information regarding sexual interaction with 16 and 17 years old under special care please see the relevant state or territory legislation. The state jurisdictions that provide a legal defence when the sexual interaction is between two young people close in age Western Australia, Tasmania, Victoria and the Australian Capital Territory are attempting to find a balance that protects children and young people from adult sexual exploitation in a way that does not criminalise them for having sexual relationships with their peers.
Sexual interaction that is harmful and abusive between two young people under the legal dtaing can be difficult to identify and determine. In situations where there is a clear age difference - for example a teenager and a young child - any sexual interaction is sexual abuse, as there is a definite power imbalance.
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However, when both parties are close in age, identifying whether the sexual activity is abusive is more complex. Ryan proposed three factors that must be considered in order to evaluate sexual interactions between two or more children: consent, equality and coercion. Reflecting on these three factors can help to clarify when behaviour is abusive. According to theoretical and practical understandings of consent, lawe key elements include:.
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Equality relates to the balance of power and control between those involved in sexual activities. Gender and gender inequality also play a role in sexual consent. Coercion can be described as the peer pressure put on one child by another to achieve compliance Ryan, Such pressure can be placed on a continuum. The lower end may include implied authority, manipulation, trickery or bribery. The top end of the continuum may include physical force, threats of harm and overt violence.
If the relationship between two children or young people under the legal age of consent is unequal, non-consensual or coercive, it is abusive and may require a child protection or judicial response. Recent sex education programs for children and young people aged below or at the age of consent have shifted from a dominantly risk-based paradigm to building knowledge and resilience, particularly with regard to contemporary matters such as digital technologies.]
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