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Posted by / 01-Nov-2017 13:03

People aged 16 and older can legally consent to sexual activity with anyone they choose, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute.If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 1800 55 1800 or Lifeline on 13 11 14.If someone has sex with you or touches you sexually when you are asleep, unconscious or so affected by alcohol or drugs that you are not able to agree, it is still sexual assault.Sex can be complicated by people taking and sending digital pictures or video.The age of consent is 16 years of age in the Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria and Western Australia.In Tasmania and South Australia the age of consent is 17 years of age.If this is of someone who is or appears to be a minor (under 18) it can be child pornography if the picture depicts sexual behaviour or is in an indecent context.

An important distinction should be made between "willingness" and "consent".Although the legal age of consent throughout Australia 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 "special care" may include: a teacher, foster parent, religious official or spiritual leader, a medical practitioner, an employer of the child or a custodial official.A child may be willing to engage in sexual behaviour; however, as they do not have the decision-making capacity to give consent according to law, all sexual interactions between an adult and a person under the age of consent are considered abusive (Barbaree & Marshall, 2006).The legal age for consensual sex varies across Australian state and territory jurisdictions (see Table 1).

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