Hi there. It is a criminal offence to engage in sexual intercourse with a person below the age of consent. The age of consent represents the age a person is considered to have the capacity to give valid informed consent to sexual acts. In NSW, the age of consent is 16 years, which means a person aged 16 and above can have sexual intercourse with a person of the same age or older.

However, it is illegal and a serious crime if a person has sexual intercourse with a 16 or 17 year old and the person has care or authority over the teenager (e.g. a teacher, coach, counsellor, health professional, etc). The law presumes these situations to be abusive due to the power imbalance these special relationships create. Note that an exception applies if the two people are married.

If the police are notified of any unlawful behaviour, they will investigate and prosecute the matter.

Suggested way forward

If you want to know more about your legal rights on this matter, you should consider speaking to a lawyer, as there can be serious consequences for getting it wrong. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.