Consent for sex in NSW ?

Ignore rickinnocal's answer.

The 'age of consent' on NSW is 16. There is no defence of closeness of age.

In NSW there is no offence of 'statutory rape'. Rather, there is a crime of sexual intercourse with a child between 10 and 16, set out in s66C of the Crimes Act.

Lastly, there is no difference between in law between homosexual or non-homosexual ages of consent. The differences were eradicated formally in 2003 (with the repeal of section 78K and related sections).

So in summary, wait a few years =) Hold hands or something.

Age Of Consent Nsw

I think the 3 years rule is if the person is underage, for example if a 15 year old and a 18 year old sleep together the 18 year old can use the small age gap as a defense and would most likely not be charged.The only case where the age gap would apply for someone over 16 but under 18 is if the older person is in a position of authority - teacher, minister etc or if they are supporting the minor - eg a 17 moves in with a 35 year old but because under 18s need a guardian the 35 year old would be considered to be in a position of authority.

"NSW Crimes Act, Section 66c Sexual Intercourse--child between 10 and 16. (1) Any person who has sexual intercourse with another person who is of or above the age of 10 years, and under the age of 16 years, shall be liable to imprisonment for 8 years"

"sexual intercourse" is VERY broadly defined in NSW law - it includes regular sex, oral sex, anal sex, and even 'handjobs'. There is NO 'close in age' exemption, nor does it matter whether the older person is the boy or the girl. If you have sex with this 14 year old boy, and get caught, you are looking at 8 years in prison, plus a lifetime registration as a child molester.

It is NOT worth it - wait until you are both of legal age.

EDIT..... I just noticed that you're a boy as well. That means a different section of the law applies, and it's much more severe....

"NSW Crimes Act, Section 78k Homosexual Intercourse with male between 10 and 18. - A male person who has homosexual intercourse with a male person of or above the age of 10 years, and under the age of 18 years, shall be liable to imprisonment for 18 years."

So you need to wait not till he's 16, but until he's 18, and the penalty is 18 years in prison, not just 8.

Richard

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No, that's not true at all. The NSW law has nothing at all to do with the difference in age, and nothing to do with dating. Quite simply, it's illegal to have sex with someone under 16. That's it.

Legal age is 16, which means that he cannot legally make the choice to engage in sexual relations. You can be charged with statutory rape because he is under 16, it doesn't matter that there is only a small gap between you.

http://www.glrl.org.au/publications/major_reports/...