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If you are under the age of consent, the law says that you cannot legally agree to have sex.So even if you say yes to sex, a person who has sex with you can be charged with a serious criminal offence, jailed and placed on the sex offender register. A person does not freely agree to sex when: (1) submitting because of force or fear; OR (2) they are being restrained against their wishes; OR (3) they are asleep, unconscious or severely affected by alcohol or another drug; OR (4) mistakenly believing that the sex is for medical or hygienic purposes.If you feel unsure about someone’s age, it is always good to check.When the law is broken, the police and courts may get involved.It is never okay for any person to have sex with another person who is under 16.

We explore the deeper meaning behind their index finger salute — and their black-and-white flag.But if you are 16 or 17 years old, it is a serious crime for a person who is in position of care or authority over you (eg.teacher, a counseller, a sports coach etc) to have sex with you and the carer/supervisor can be charged.We are also not talking here about the additional laws applying to sex that is filmed, photographed or distributed online or by phone (for that see our New South Wales page).The age of consent is the age at which the law says you can agree (consent) to have sex.

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