There is no law that specifies what age you have to be to have sex; however, criminal law determines when a person can be charged with a crime for having sexual contact with a minor. I am under age Are there times when my sexual activities can be reported to the police or child protective services?
Many young people will develop a healthy and developmentally appropriate interest in sexual relationships whilst they are still children and some will do this before they reach the age of consent. Interventions should be aimed at protection of vulnerable children and the provision of information and contraception where appropriate for other young people. Children under the age of 13 are legally deemed incapable of consenting to sexual activity and therefore all incidences of sexual behaviour involving children under 13 should be considered as a potential criminal or child protection matter.
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent cannot claim that the sexual activity was consensualand such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is regarded as the victim and their sex partner is regarded as the offender, unless both are underage.
The purpose of these guidelines is solely to protect young people aged 13, 14 and 15 from harm. The question of compliance with the law is a separate issue and is not addressed by these guidelines. There are some points where the two issues are likely to coincide; for example, where a young person is at risk of harm as a result of sexual abuse.
The laws about sexual matters set clear limits for having sex. If police want to question you about an offence, see a lawyer as soon as possible. In Western Australia, people under 16 years old cannot legally consent to having sex, even if they said 'yes' at the time.
Jump to navigation. The law recognizes that children are developmentally not able to make decisions about some things, including when to engage in sexual behaviors. Laws vary by state, but a common age of consent is
Corresponding author: A Strode strodea ukzn. Minister of Justice and Constitutional Development case addressed whether consensual underage sex ought to be a criminal offence and thus reported. The court held that aspects of sections 15 and 16 of the Sexual Offences Act infringed on the constitutional rights of adolescents aged 12 - 15 years by proscribing many consensual sexual activities. McQuoid-Mason has described this case in detail.
Nonjuror asks :. Tim Loughton MP wants each of any pair of unders who have sex to face criminal prosecution under the existing law. As I understand it, all persons have a human right to consensual sexual activity, so are the grounds on which these unders are deemed not to have that right going suddenly, at some time, to be similarly found untenable because this prohibition is founded on no more than the interest, inconvenience or embarrassment of adults?