Sex, young people and the law
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- Bu səhifədəki naviqasiya:
- Glossary
- Session plan: Age of consent
- Legal background notes: Age of consent
- The film – Baker boy
- What offences relate to age of consent
- What can happen legally
- What happens for the accused
- Where can you get help
- Activity answers: Age of consent
- Activity two – The theatre crush
- Activity three – Lunchtime basketball
- Activity four – The boy from the newsagent
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Learning outcomes |
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At the end of the session students should have increased knowledge of:
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Supporting materials |
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These materials are all available on www.legalaid.vic.gov.au/sex-young-people-law
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Technology |
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Time allocation |
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This session plan is for 60 minutes. You can adapt this to suit the different needs of different student groups and the time available. If your session is longer than 60 minutes, you can run extra activities. If it is shorter, consider running only one activity, and adjust the time allocated to each task. |
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Things to consider before you begin |
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Sensitive content The content of this session may be directly relevant for students who have had personal experiences relating to the topic and may trigger strong reactions or distress. The term rape may come up. If you are not the group’s usual classroom teacher, discuss this with the teacher beforehand. Consider whether students can choose to sit out or leave during the session. Consider the support a vulnerable student may need from relevant staff in the school or local services. Investigate contact details for local support services, such as the Centre Against Sexual Assault, before the session. Personal disclosures Ask students not to discuss personal details and situations in the session. It is important to create an open environment where students feel free to ask questions, but personal disclosures may be subject to mandatory reporting requirements and should be left for private discussion. Using real life examples If you are a lawyer, use real life stories from your own work where possible (without disclosing any client information). This will illuminate the law and engage students in discussion. |
Session plan
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Introduction |
Materials |
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Time allocation: 5 minutes Introduce yourself and the session
Lay the ground rules
Provide context for the session
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Slide 1: Age of Consent Legal background notes page13 |
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Legal quiz |
Materials |
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Time allocation: 10 minutes Divide the class into small groups. Ask the groups to discuss and write answers to each of the questions below (in bold) as you call them out. After you have asked all 10 questions, briefly explain the correct answers to each question. Ask the groups to keep score of their correct answers to find the winning group.
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Slide 2: Legal quiz Pens and paper |
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Film: Baker boy |
Materials |
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Time allocation: 5 minutes Ask students to consider these questions while they watch the film:
Click on the title Baker boy on the slide to play the film. |
Slide 3: Baker boy Internet connection to play the film from the hyperlinked title on the slide, or a hard copy DVD |
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What does the law say? |
Materials |
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Time allocation: 15 minutes What are ‘age of consent’ laws? Explain the law in response to Baker boy
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Slide 4: What does the law say? Legal background notes page 13 |
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What offences relate to age of consent?
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Legal background notes page 13 |
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Laws for under 12 year olds
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Slide 5: Under 12 years old Legal background notes page 14 |
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Laws for 12 to 15 year olds: the 24-month rule
If the students in the session are within the 12 to 15 year age range, hand out copies of the Age of consent graph for 12 to 15 year olds. Provide example pairs of ages and ask the students whether they are within the age of consent. Students can find one age on the vertical axis and the other on the horizontal axis of the graph. If the two ages are met with a cross, they are outside the age of consent. For example, if Caitlin is 14 years and 9 months, is it legal for her to do sexual acts with Izzy, who is 13 years and 4 months? |
Slide 6: 12 to 15 years old Legal background notes page 14 Copies of Age of consent graph for 12 to 15 year olds |
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Laws for 16 to 17 year olds
If the students in the session are within the 14 to 17 year age range, hand out copies of the Age of consent graph for 14 to 17 year olds. Provide example pairs of ages and ask the students whether they are within the age of consent. Students can find one age on the vertical axis and the other on the horizontal axis of the graph. If the two ages are met with a cross, they are outside the age of consent. For example, if Marie is 17 years and 6 months, is it legal for her to do sexual acts with Jonah, who is 15 years and 9 months? |
Slide 7: 16 to 17 years old Legal background notes page 14 Copies of Age of consent graph for 14 to 17 year olds |
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What can happen legally?
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Slide 8: What can happen legally? Legal background notes page 15 |
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Where can you get help? |
Materials |
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Time allocation: 5 minutes Hand out Age of consent wallet cards to students. There is blank space on the cards to add contact details of local services. Refer to the contact details listed in the legal background notes and on the wallet cards to explain how to get help.
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Slide 9: Where can you get help? Legal background notes page 16 Copies of Age of consent wallet cards |
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Activities |
Materials |
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Time allocation: 15 minutes Select one activity from the Age of consent activities. If time permits, run two activities. Divide the class into groups of three to four. Each group should have a note-taker and a reporter. After 10 minutes ask students to report their answers. Select a different group to answer each question. Refer to the legal background notes and activity answers for correct answers.
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Slide 10: Activities Legal background notes pages 19-21 Copies of Activities: Age of consent Pens and paper |
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Key messages |
Materials |
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Time allocation: 5 minutes Reiterate key messages of the session by asking the following questions. Refer to the legal background notes for extra information and correct answers. What are age of consent laws?
What is the law for people under 12?
What is the law for 12 to 15 year olds?
What is the law for 16 to 17 year olds?
What can happen if the law is broken?
Where can you go for help?
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Slide 11: What have you learned? Legal background notes page 16 |
Legal background notes: Age of consent
What are age of consent laws?
There are laws about how old a person needs to be before they can legally consent to having sex or engaging in sexual acts. The law sets these age limits to help protect young people from older people or people in positions of power taking advantage of them.
Age of consent laws in Victoria are the same for opposite and same-sex attracted people.
Age of consent laws can be different in other states. It is important for young people to be aware of these differences if they are travelling interstate. Laws about sex and consent are not just about ages. Both people must freely consent (agree) to sexual acts. See the Consent topic of Sex, young people and the law for more information: www.legalaid.vic.gov.au/sex-young-people-law
The film – Baker boy
Film synopsis: In this film Paulo, Jasmine and Jasmine’s stepmum, Maria, talk about Paulo and Jasmine’s relationship that ended badly.
Paulo is 17 and Jasmine is 13 but she told Paulo that she was older. They developed a sexual relationship. Later, Jasmine told Paulo her real age, and then they broke up. Jasmine was heartbroken. Her father suggests calling the police about Paulo and Jasmine’s age difference.
NB: This film is titled Age of consent and the law on the Victoria Legal Aid YouTube channel.
Real life example
Here is one example of an age of consent case that went to court and ended in
Echuca teenager pleads guilty to sex with underage girlfriend, Bendigo Advertiser, 14 October 2014
An 18-year-old guy and a 13-year-old girl met through Facebook, then met in person and soon became girlfriend and boyfriend. They had sex a few times. Her parents found out they’d had sex and the guy was arrested. He went to court and was charged with sexual penetration of a child under 16. His penalty was a one-year community order for 100 hours of unpaid community work, and he was put on the Sex Offenders Register for 15 years.
What does the law say?
What offences relate to age of consent?
In Victoria, there are several sexual offences involving minors (people under 18). These include offences relating to sexual penetration and indecent acts when the younger person is not legally old enough to consent.
Sexual penetration is anything that involves a penis touching a vagina, anus or mouth. It also means the use of an object or another part of the body, such as a finger, to make contact with a vagina or anus. Sexual penetration does not mean the whole penis, object or body part has to be inserted all the way into the vagina, anus or mouth. It includes penetration to any degree – penetration with the tip of the penis counts as penetration.
An indecent act could involve touching a person in a sexual way, for example, touching another person’s vagina, penis, anus or breasts if they do not consent or if the law says that one person involved is too young.
It does not matter whether the young person said yes or wanted to do to the sexual act. If the ages of the people involved are not within the age of consent laws, it is against the law.
Under 12 years old
People under 12 years old are too young to legally consent to having sex or sexual acts. Even if the young person says yes and wants to, they are not legally able to give consent because they are considered too young to understand.
It is not okay, under any circumstances, for another person to sexually touch or perform a sexual act with or in front of a person under 12. This includes showing pornography to someone under the age of 12.
If both people are under 12, under the law, the police could charge both of them.
12 to 15 years old
If one person is more than 24 months older than the other person, the younger person cannot legally consent to sexual penetration with the older person. The older person cannot touch the younger person sexually or perform a sexual act in front of them. So it is against the law for people with more than 24 months’ age difference to have sex or do sexual acts, even if they both want to.
For example, if someone is 13 years and 1 month and their boyfriend is 15 years and 7 months, this couple will break the 24-month rule. The 13 year old cannot legally consent to having sex with the 15 year old.
The older person could get into a lot of trouble unless they reasonably believed the younger person was not more than 24 months younger than them.
In Baker boy, both Jasmine and Paulo seemed to be enjoying the relationship at the time, yet the law says that even if Jasmine agreed to have sex, Paulo was breaking the law. Paulo committed a sexual offence involving a minor because of the age difference. Paulo is 17 and Jasmine is 13 – this breaks the 24-month rule.
Remember, no-one is legally allowed to sexually penetrate, be penetrated by, sexually touch or be sexually touched by someone under 12. So if the older person is 12 and the younger person is 11 and 11 months, the younger person cannot legally consent to having sex.
16 to 17 years old
16 is the age when legal consent can be given to have sex with anyone the same age or older, with some exceptions.
A 16 or 17 year old can consent to having sex with someone the same age or someone older. The 24-month rule still applies for anyone younger. So a 16 or 17 year old can legally have sex with someone younger than them if the age difference is less than 24 months.
But, people aged 16 to 17 cannot legally consent to sexual penetration with someone older than them who is in a position of care or responsibility for them. For example, a sports coach or a teacher.
The person in the position of care could get into a lot of trouble unless they reasonably believed the younger person was 18 or older. So that means a youth worker who has a 16 year old client cannot have sex with the client. But the youth worker may not get into as much trouble if they genuinely thought the young person was 18 or older.
What can happen legally?
The law regards sexual offences as very serious. The punishment for people found guilty of committing a sexual offence with a minor can be extremely high.
How might the police get involved?
Police might get involved because the young person or their parents, a teacher or someone else has been concerned and gone to the police.
When a young couple breaks up, the younger person or their parents might go to the police. As seen in Baker boy, Jasmine’s dad suggested going to the police when he saw his daughter’s heartbreak and found out that Paulo was 17 years old.
If the police investigate, they would look for evidence to build a case against Paulo. Evidence is things that may prove Paulo committed the offence.
What happens for the accused?
The police may interview Paulo, the accused. If the police believe they have a strong case against Paulo, they can charge him and take him to court. Even if Paulo did not know the rules about age limits, the police can still charge him for committing a sexual offence. ‘I didn’t know the law’ is not accepted as a defence.
At court, the magistrate or jury would decide whether Paulo is guilty of breaking the law. The magistrate or jury could only decide that Paulo is guilty if satisfied ‘beyond reasonable doubt’ that he is guilty of the offence.
If he is found guilty, there can be serious consequences. For a sexual offence, this is usually a criminal record and often a jail sentence.
Being found guilty of sexual penetration of a child under 12 could mean being sentenced to up to 25 years’ jail.
Sexual penetration of a child between 12 and 16, if the older person is more than 24 months older than the young person, could mean up to 10 years’ jail.
Being found guilty of committing an indecent act with or in the presence of a child under 16, if the older person is more than 24 months older than the young person, could mean up to 10 years’ jail. It does not matter whether the young person agreed to it.
This could make it hard for Paulo to get certain jobs in the future. It may also make it hard for him to travel to some countries.
Paulo could also be put onto the Register of Sex Offenders. This register includes adults sentenced for committing sexual offences involving a minor, and young people under 18 can also be placed on the register for up to seven and a half years. If this happened to Paulo, he would have to report to the police regularly and he would not be allowed to engage in any child-related employment.
Paulo has rights throughout the police and court process. He has a right to be treated fairly by the police and a right to speak with a lawyer before being interviewed by police. He also has the right to be treated as innocent until proven guilty and the right to a fair trial.
Where can you get help?
There are many organisations that can give young people confidential advice and support.
Counselling and support:
Centre Against Sexual Assault (CASA)
You can contact a CASA 24 hours a day, seven days a week for crisis counselling, support, information and advocacy. Your call will be directed to the CASA in your region.
Tel: 1800 806 292
Website: www.casa.org.au
Kids Helpline
Free, private and confidential telephone and online counselling service specifically for young people aged between five and 25.
Tel: 1800 551 800
Website: www.kidshelp.com.au
Victims Support Agency
Information about how a victim can be supported throughout the police and court stages, and also about compensation.
Tel: 1800 819 817
Website: www.justice.vic.gov.au/victimsofcrime
Legal information and advice:
Victoria Legal Aid
Free legal help over the phone, Monday to Friday, 8.45 am to 5.15 pm.
Tel: 1300 792 387
Website: www.legalaid.vic.gov.au
Youthlaw
Free legal service for people under 25.
Tel: 9611 2412
Website: www.youthlaw.asn.au
Local community legal centre
Community legal centres give free legal advice. Call the Federation of Community Legal Centres or visit their website to find your nearest community legal centre.
Tel: 9652 1500
Website: www.communitylaw.org.au
Lawstuff
Legal information and email advice service for children and young people.
Website: www.lawstuff.org.au
Additional resources
Legal information
Victoria Legal Aid
Publications
These publications are free. You can order up to 50 copies at a time from the Victoria Legal Aid website.
Am I old enough?
Booklet for young people about what the law will or will not let them do.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-and-resources/am-i-old-enough-common-legal-issues-for-young-people
Services for people affected by crime
Produced by the Victims Support Agency of the Department of Justice. Gives information about the different services available in Victoria that can help anyone affected by crime.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-and-resources/services-for-people-affected-by-crime
Legal Help card
A wallet-sized brochure about our services. In English and 25 languages.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-and-resources/victoria-legal-aid-help-card-english
Web pages
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Sex and the law: www.legalaid.vic.gov.au/find-legal-answers/sex-and-law -
Going to court for a criminal offence: www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-criminal-charge -
Police powers: www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights -
Contact us: www.legalaid.vic.gov.au/contact-us
Fitzroy Legal Service – Victorian Law Handbook website
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Sexual offences: www.lawhandbook.org.au/handbook/ch04s03.php -
Courts: www.lawhandbook.org.au/handbook/ch01s02.php -
Advice directory: www.lawhandbook.org.au/handbook/ch02s04.php
Youthlaw
Youthlaw has online fact sheets on a variety of topics: http://youthlaw.asn.au/resources/factsheets-2/
Non-legal resources
Centre Against Sexual Assault
The Centre Against Sexual Assault has resources on sexual assault: www.casa.org.au/resources/
Domestic Violence Resource Centre Victoria
Relationships – Love, the good, the bad, the ugly is a website that helps identify whether you are in an unhealthy relationship and where to get help: http://lovegoodbadugly.com/
Safe Schools Coalition Victoria
Provides free training, resources and consultancy for schools on sexual and gender diversity: www.sscv.org.au
Safe and Supportive School Communities
Bullying. No Way! – Take a stand together has useful information and interactive activities for students, teachers and parents: www.takeastandtogether.gov.au
Department of Education and Early Childhood Development
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Sexuality education: http://www.education.vic.gov.au/school/teachers/teachingresources/social/physed/pages/sexualityed.aspx -
Catching on Early: http://safeschoolscoalitionvictoria.org.au/wp-content/uploads/2013/04/catchingonearly.pdf -
Catching on Later: https://fuse.education.vic.gov.au/content/407ed837-2c8b-4842-9a22-fe7f8bb07b99/catchingonlater.pdf
Activity answers: Age of consent
These are the correct responses to the Age of consent activities in Sex, young people and the law. Activity sheets for students, which need to be printed, are available at www.legalaid.vic.gov.au/sex-young-people-law
Activity one – Indecent acts
Case study: Brett, 17, and Melissa, 13, were going out. After they broke up on bad terms, Melissa’s parents went to the police about Brett being too old for Melissa. The police charge Brett with a number of offences for sex with a minor. Legally, it doesn’t matter that Melissa wanted to have sex at the time. Brett is now facing youth detention and possible listing on the Register of Sex Offenders.
Question 1: What does the law say about Melissa and Brett’s relationship?
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Because Melissa is between 12 and 15 years old and there is more than 24 months’ age difference between her and Brett, Brett can be charged with sex offences with a minor.
Question 2: Melissa wanted to have sex at the time – does this mean it’s legally okay?
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No, it is not legally ok. The law says that the age difference between Melissa and Brett makes consent irrelevant. It does not matter whether Melissa wanted to have sex or not.
Question 3: What are the consequences for Brett? Are they appropriate?
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Being placed on the Register of Sex Offenders could have future consequences for Brett regarding employment and travel. It may make it hard for him to work in any position that involves contact with young people. Because Brett is under 18, the judge has discretion (a choice) to place Brett on the register or not. In making this choice the judge will consider the impact on Brett’s life in the future. -
If Brett is placed on the Register of Sex Offenders, for the seven and a half years he would have to report to the police regularly and he would not be allowed to engage in any child-related employment.
Question 4: Where might Brett go for help?
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Brett can contact Youthlaw (9611 2412), Victoria Legal Aid (1300 792 387) or his local community legal centre for help.
Activity two – The theatre crush
Case study: Wendy is 20. She is employed by the local school to produce a theatre production with the students. Tracey has joined the class. She is 17. Wendy and Tracey start seeing each other socially. Their relationship becomes romantic and they have sex. One of the teachers finds out and decides to report Wendy to the Department of Human Services.
Question 1: What does the law say about Wendy and Tracey having sex?
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Wendy is in a position of care or responsibility for Tracey as she is employed by the school to work with the students. So even though Tracey is 17 and able to legally consent to sex with someone older, the law protects 16 and 17 year olds from being taken advantage of by those in a position of care or responsibility. The law makes sex illegal in this context.
Question 2: Was it okay for the teacher to go to the Department of Human Services?
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Teachers have mandatory reporting obligations to protect students from harm. This means that a teacher must go to the Department of Human Services when they believe a student’s welfare is at risk.
Question 3: If the police get involved, what can happen to Wendy?
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Wendy can be charged with sexual penetration of a 16 to 17 year old. The maximum sentence for this crime is 10 years in prison. In this case, because Wendy is over the age of 18, the judge has no choice but to place Wendy on the Register of Sex Offenders.
Question 4: Where can Tracey go for help?
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Tracey may need counseling or support to help her cope with this situation. She can contact the Centre Against Sexual Assault (CASA) which has 24-hour counseling on 1800 806 292.
Activity three – Lunchtime basketball
Case study: Michael is 17. He meets Jamal when playing lunchtime basketball together. Jamal is about to turn 15. Michael has a party at his house and invites Jamal. The party goes late, and Jamal stays over. They drink a bit of alcohol and end up kissing and masturbating each other. The next day, Jamal tells his older sister, Sadie, what happened. She is worried that Jamal is seeing an older boy and tells their mother, who is angry that Jamal has been with a boy. She goes to the police.
Question 1: Is it against the law for Michael to kiss and touch Jamal?
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Yes. Michael is not allowed to kiss or perform any sexual act with Jamal as Jamal is within the 12 to 15 age group and there is more than 24 months’ age gap between them. -
The law in Victoria is the same for same-sex couples as it is for couples of the opposite sex.
Question 2: Was it okay for Jamal’s mum to go to the police?
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Jamal’s mother may have gone to the police out of concern for Jamal’s welfare. It could have perhaps been better for her to speak with Jamal first. Sometimes these situations can be resolved without involving the police to ensure the best outcome for both Jamal and Michael.
Question 3: What are the consequences for Michael?
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Michael may be charged with an indecent act with a child under the age of 16. This is a serious offence which carries a serious penalty.
Question 4: Where can Jamal go for help?
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Jamal may need counseling or support to help him cope with this situation. He can contact the Centre Against Sexual Assault (CASA House) which has 24-hour counseling on
1800 806 292.
Question 5: Where can Michael go for help?
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ichael can contact Youthlaw (9611 2412), Victoria Legal Aid (1300 792 387) or his local community legal centre for help.
Activity four – The boy from the newsagent
Case study: Tahlia is 11. She gets a crush on an older boy, Nathan, who works at the newsagency. Nathan is 15. Tahlia doesn’t want Nathan to know how young she is because she thinks he won’t like her as much. Tahlia tells Nathan she is 13 and in year 8. Tahlia is actually in year 7 at the local girls’ high school. Nathan doesn’t question Tahlia’s age. He sees her in her high school uniform and trusts she is telling the truth. Nathan and Tahlia start seeing each other and start having sex.
Question 1: What does the law say about Nathan and Tahlia having sex?
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Tahlia is under the age of 12 – it is never okay in any circumstance for a person under the age of 12 to have sex, be touched sexually or for another person to perform a sexual act with or in front of them.
Question 2: What can happen if the police find out?
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If the police find out about Tahlia and Nathan’s relationship, Nathan may be charged with sexual penetration of a child under 16. This is a serious offence which carries a serious penalty of up to 25 years’ imprisonment because Tahlia is under 12 years old. -
The police would interview him and he may have to go to court. If the judge or magistrate at court finds him guilty, he may get a jail sentence and a criminal record. And he may be put on the Register of Sex Offenders.
Question 3: Do you think it matters that Tahlia lied to Nathan about her age?
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It does matter. Nathan may have a legal defence if the court is satisfied that the sex was consensual and Nathan had reason to believe that Tahlia was older. From the information provided, Nathan thinks Tahlia is in year 8, so he has reason to believe she is 13. But even if Tahlia was 13 she may still have been more than 24 months younger than Nathan (depending on the birthdays of both people).
Question 4: Where can Nathan go for help?
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Nathan can contact Youthlaw (9611 2412), Victoria Legal Aid (1300 792 387) or his local community legal centre for help.
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