Archive Article

Age of Consent

Two sections of the NSW Crimes Act (1900 No 40, updated 3 October 2001) determine the age of consent under the law in this state--respectively sections 66c and 78k. Section 78k deals with male homosexual intercourse. Here are the relevant sections presented in full: NSW Crimes Act, Section 66c Sexual Intercourse--child between 10 and 16. (1) Any person who has sexual intercourse with another person who is of or above the age of 10 years, and under the age of 16 years, shall be liable to imprisonment for 8 years (2) Any person who has sexual intercourse with another person who: o (a) is of or above the age of 10 years, and under the age of 16 years, and o (b) is (whether generally or at the time of the sexual intercourse only) under the authority of the person, shall be liable to imprisonment for 10 years. NSW Crimes Act, Section 78k Homosexual Intercourse with male between 10 and 18. o A male person who has homosexual intercourse with a male person of or above the age of 10 years, and under the age of 18 years, shall be liable to imprisonment for 18 years. Definitions of Sexual Intercourse under the NSW Crimes Act: NSW Crimes Act, Section 61h Sexual intercourse means: o (a) sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by (i) any part of the body of another person 20 (ii) any object manipulated by another person, except where penetration is carried out for proper medical purposes, or o (b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or o (c) cunnilingus, or o (d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c) Definitions of Homosexual Intercourse under the NSW Crimes Act NSW Crimes Act Section 78g Homosexual Intercourse means: (a) sexual connection occasioned by the penetration of the anus of any male person by the penis of any person. (b) sexual connection occasioned by the introduction of any part of the penis of the person into the mouth of another male person, or (c) the continuation of homosexual intercourse as defined in paragraph (a) or (b) Also of interest here is Section 61s: "Offenders who are minors". This section states that there is no minimum age at which one is considered incapable of having sexual intercourse and that minors may indeed be convicted of such offences as listed above.