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

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peter001

Member
10 April 2016
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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.
 

Tim W

Lawyer
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28 April 2014
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Sydney
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, r**e.
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.
 

peter001

Member
10 April 2016
2
0
1
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?
 

Tim W

Lawyer
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28 April 2014
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833
2,894
Sydney
It's a police matter.