The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent.
A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it.
The age of consent is the same for any sexual relationship regardless of the gender or sexual orientation of the people having sex.
Age of consent
Your age affects what other people can't do with or to you. For more information about sexual acts and consensual sexual acts visit our page Sexual assault.
Under 12 years old
If you are under 12, even if you agree, another person can’t:
- have sex with you
- touch you sexually, or get you to touch them sexually
- perform a sexual act in front of you.
12 to 15 years old
If you are 12 to 15, even if you agree, a person who is more than two years older than you can’t:
- have sex with you
- touch you sexually, or get you to touch them sexually
- perform a sexual act in front of you.
However, it is not an offence if the person honestly and reasonably believed that there was less than a two-year age difference between you. This means 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 or older.
16 to 17 years old
If you are between 16 and 17 years old, even if you agree, a person who is caring for you or supervising you (like a teacher, youth worker or foster carer) can't:
- have sex with you
- touch you sexually, or get you to touch them sexually
- perform a sexual act in front of you.
These rules apply even if you agree. However, it is not an offence if they are married to you, or if the person honestly and reasonably believed you were 18 or older.
Having consensual sex
You and your partner must both consent to having sex – that means a free and voluntary agreement with a clear mind. This is more than just saying ‘yes’ or ‘no’.
It’s also about:
- actively gaining consent
- being the legal age to consent
- feeling safe – having sex without pressure or fear
- understanding – being sober and drug-free, being awake and in control. This means not having a mental or physical disability that’s so severe that it prevents you from understanding what’s going on
- not being from the same family – this includes half siblings and step siblings.
Always double-check that the person you want to have sex with is sober and is comfortable with the decision to have sex.
Legal definition of ‘having sex’
The legal definition of 'having sex' isn't just about penetration.
It also includes:
- masturbation and fingering
- oral sex
- anal sex
- sexual touching (touching breasts and other sexual body parts).
You also need to be legally mature enough to consent to a sexual relationship. The law sets clear age limits for having sex.
If you are thinking about having sex, you need to understand your rights and the law, as well as the physical and emotional consequences.
You can read more about this by learning about Contraception, pregnancy and abortion.
When one person does not agree to have sex
As well as age limits, the law says that two people can’t have sex unless they both freely and willingly agree (also known as consent).
If you don’t freely agree and someone threatens you to engage in a sexual act or touches you sexually or in a way that makes you uncomfortable, they are breaking the law.
It is a sexual offence if:
- you agree that a condom will be used but someone removes it or tampers with it, without your consent (known as stealthing).
- someone has sex with you or touches you sexually when you are asleep or unconscious. It also applies if you are so affected by alcohol or drugs that you are unable to freely agree.
Explore our publications and resources
- Sex, young people and the law (education kit)
- Sex and consent wallet card
- Age of consent wallet card
- Am I old enough? Common legal issues for young people.
Explore our related pages
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