More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Sex and the law
Having sex is a big step. It's important that you feel in control and make decisions that are right for you. You may want to get advice from someone you trust. If you are thinking about having sex, talk to your doctor or a family planning clinic about contraception and sexually transmissible infections (STIs).
The law makes rules about sex and sexual touching. It says that any sexual touching without your agreement (consent) is unlawful. This is known as a sexual offence and is a serious crime.
The law applies to sexual penetration, which includes anything that involves a penis touching a vagina, anus or mouth. It also includes putting an object or a part of the body into contact with a vagina or anus. The law also applies to touching a person in a sexual way, like touching another person’s vagina, penis, anus or breasts.
It also sets age limits for having sex. The age limits are designed to protect you from exploitation (being taken advantage of) from older people.
Age limits
The law that applies in Victoria depends on your age. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if you agree to it.
Under 12 years old
If you are under 12, a person can't have sex with you or touch you sexually or perform a sexual act in front of you, even if you agree.
Twelve to 15 years old
If you are 12 to 15, a person can’t have sex with you, touch you sexually or perform a sexual act in front of you if they are more than two years older than you, even if you agree.
However, it is not an offence if the person honestly believed that there was less than a two-year age difference between you. This is exactly two years. For example, if a person is 17 and has sex with someone who is 15, it is not a crime. But if the person was 18, it is a crime unless the person believed the person was 16.
Sixteen to 17 years old
A person who is caring for you or supervising you, like a teacher, youth worker or foster carer, can't have sex with you or sexually touch you or perform a sexual act in front of you, even if you agree, unless they are married to you. However, it is not an offence if the person honestly believed you were 18 or older.
When one person does not agree to sex
As well as the age limits, the law says that two people can’t have sex unless they both agree (consent). If you don’t agree and someone threatens you or touches you sexually they are breaking the law.
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.
Incest
Having sex with someone in your family, like your brother, sister, mother, uncle, father or grandfather is called incest.
Incest is illegal whether you consent or not, and no matter how old you are. It is still incest even if a person is not related to you by blood but is a close family member, like your stepfather. You also can’t have a sexual relationship with a de facto partner of your father or mother while you are under 18.
Child pornography
You could be charged by the police with producing child pornography if:
- you take a nude or semi-nude picture of a person under 18, even if they are your friend and consent (agree) to the picture being taken
- you take photos or video of a person under 18 involved in sexual activity or posing in an indecent sexual manner (or who looks like they are).
You could also be charged with possessing child pornography if you go onto the internet and download pornography showing people under 18.
If you put a pornographic photo or video on the internet or your phone, print a photo, or email or text it to a friend, you could be charged with publishing or transmitting child pornography. You could be charged even if you are the same age or younger than the person in the picture or video.
People found guilty of sexual offences or child pornography are stopped from working or volunteering with children – for example, as a teacher or a sports coach – or volunteering with children.
Mobile phone pictures and the risks of ‘sexting
’‘Sexting’ or sending ’sext messages’ is where nude and/or sexual images are taken on a mobile phone, often by young people and their friends. This is a crime if the photo includes a person under 18. Sexting is already leading to young people being charged by police with child pornography offences.
Think carefully about the consequences of taking or sending pictures of your friends on your mobile phone, especially if they are not fully dressed and even if they agree. You could be charged by police for committing a criminal offence.
It may seem like harmless fun, but be careful – once you send pictures electronically they can become part of your ‘digital footprint’ and this lasts forever. It could damage your future career prospects or relationships.
More information
Related publications
Sexual assault: the law, your rights as a victim
How we can help
Victoria Legal Aid’s (VLA) has a Youth Legal Service that provides legal information and assistance to children, young people and parents.
Call VLA’s Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals, including the Children’s court
- advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre and secure welfare facilities.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
The Domestic Violence Resource Centre (DVRC) assists people who have experienced abuse. See the DVRC website for information about their services and links to ‘When love hurts’ – a website for young people about relationships, respect and abuse – and ‘Bursting the bubble’ – a website for young people about family violence and what you can do if you’re being abused by a family member.
Family Planning Victoria’s website has information about sex, sexuality and their services for young people.