16 dating 20 year old legal

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sexual assault is based on the absence of sexual consent, whereas in child sexual assault, the issue of consent is superseded by age of consent laws (Eade, 2003).

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A survey of Australian teens and their sexting behaviours finds that, "16-17 year olds must navigate sexual practices that can be both consensual and legal, but illegal to visually record" (Albury, Crawford, & Byron, 2013, p. This can present challenges to young people and those who work with them.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.Public concern about young people's healthy sexual development now includes debates regarding their use of information and communication technologies, the majority of which are internet-enabled.Individuals are encouraged to check the currency of any information that is provided by contacting relevant departments or organisations.This sheet is designed to inform practitioners and researchers of age of consent legislation in Australia.An important distinction should be made between "willingness" and "consent".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).In Tasmania and South Australia the age of consent is 17 years of age.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.It is a common and normal part of sexual development for young people to explore and experiment in sexual interactions with their peers (Araji, 2004; Barbaree & Marshall, 2006; Eade, 2003).Developmentally appropriate sexual exploration is when there is mutual agreement between same- or similar-aged peers, it is non-coercive and all participants have the control to participate, continue or stop the behaviour (Barbaree & Marshall, 2006).

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