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TAS 15-Year-Old Stepdaughter's Relationship to an Adult - Legal Under Australian Law?

Discussion in 'Other/General Law Forum' started by peter001, 10 April 2016.

  1. peter001

    peter001 Member

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    Hello,

    Wasn't sure which topic. My stepdaughter is 15 and her new boyfriend is 23. I know they have sex. Just wondering if that is legal under Australian Law.

    Thanks for your answer.
     
  2. Tim W

    Tim W Lawyer
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    The law here is clear and settled.
    In Tasmania, a 15 year old is, as a matter of law, incapable of consenting.
    Therefore, absent consent, you are looking at sexual assault, and, for certain acts, rape.
    This is true no matter what the child actually says,
    and no matter how <ahem> personally sophisticated that individual child may be.
    It's also true even if the other party is (in Tasmania) 17 or over.
     
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  3. peter001

    peter001 Member

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    Thanks for your answer. I think this point is relevant: "If you're 15 years or older, a person can’t have sex with you, touch you sexually or perform a sexual act in front of you, if they are more than five years older than you, even if you consent (agree)." Is there something what you can do?
     
  4. Tim W

    Tim W Lawyer
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