#LetUsSpeak: Victoria sexual assault gag law could see rape victims jailed

Beyond the direct harm caused by a crime, there are common emotional and physical effects that you may experience. You can get support. There are many different types of crime. If you are affected, you can take action. You may be worried about telling someone what happened, but there are good reasons for making a police report. Even if you are not ready to report a crime, you can still get help from the Victims of Crime Helpline. Your safety is important and, if you are affected by crime, there are things you can do to help improve it. You can expect to be treated with courtesy, respect and dignity by victim support services at all times. If you are the victim or witness of a crime, the police will ask you to make a detailed statement about what happened. As part of the investigation, the police collect evidence they will need to prove a case in court.

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Ages of consent in Oceania

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The ages of consent for sexual activity vary by jurisdiction across Australia , New Zealand and other parts of Oceania , ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.

Close in age exceptions may exist and are noted when relevant. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is In all other places the age of consent is equal, regardless of sexual orientation or gender. The below is a list of all jurisdictions in Oceania as listed in the list of sovereign states and dependent territories in Oceania. Australia is a federation of States and Territories, with each State and Territory having the primary jurisdiction over age of consent issues within its territory.

However, as a result of the international affairs power under Australia’s constitution, a United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues. Under federal legislation that applies to all Australians, it is an offence for an Australian citizen, resident or body corporate [1] while outside of Australia to have sexual intercourse with a person under the age of 16 [1] or to induce a child under the age of 16 to have sexual intercourse, [1] or be somehow involved in a similar sexual act.

Sex between consenting adults 18 or over in private, regardless of gender or sexual orientation cannot be outlawed under section 4 of the Human Rights Sexual Conduct Act

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The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it. The age of consent for same-sex relationships is the same as it is for heterosexual relationships. If you are under 12, a person can’t have sex with you or touch you sexually or perform a sexual act in front of you, even if you agree.

However, it is not an offence if the person honestly believed that you were 16 or if there was less than a two-year age difference between you.

While Tasmania and the NT have repealed sexual assault victim gag laws, Victoria has gone backwards. Nina OPINION.

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Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in The laws about what age a young person can validly consent to sex are different in each state and territory.

In Victoria, like in the majority of jurisdictions, the age of consent stands at However, a young person aged 16 or 17 cannot validly consent to sex with a person in a position of authority over them. Like many states, Victoria has what is often referred to as a Romeo and Juliette law.

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Deciding to have sex with someone is a big decision. If you think that you are ready to have sex, it is important that you are aware of the different laws about how old you have to be to have sex, and to understand what the law means by sex. Before you have sex, you should talk to a health professional about how to practice safe sex and to make sure you are fully aware of the risks of practising unsafe sex. It is never okay for a person to have sex with another person who is under 12 years old.

If you are aged years old, you can legally have sex with another person who is less than 2 years older than you as long as you both actively agree to it. Once you turn 16, you can legally have sex with another person who is also aged 16 years or older as long as you both actively agree to it. Also, a person in a position of care or authority e.

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