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NSW Age of Consent vs Common Law?

Discussion in 'Criminal Law Forum' started by footballkiing, 20 August 2014.

  1. footballkiing

    footballkiing Member

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    Okay, so my friend and I have been arguing about the age of consent and what could happen to older person involved if the other person is still a minor. If an 18 year old was to have consensual sex with a 16 year old, under common law, my friend is arguing that the parents of the minor can sue the 18 year old for "corruption of a minor" under criminal law.

    Is this in anyway possible and if so explain how the 18 year old could be sued if the minor admits it was entirely consensual.

    Thanks.
     
  2. Sarah J

    Sarah J Well-Known Member

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  3. Sarah J

    Sarah J Well-Known Member

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    If the minor was younger than 16 years old at the time of commencing sexual intercourse, the law considers the minor unable to consent to the act and therefore, without consent present, a sexual offence has taken place. It does not matter that the minor admits to have consented to the act, or even that the minor encouraged or sought out the acts. The law considers the minor of an age where they cannot wholly understand or grasp the nature of or circumstances surrounding their consent.
     

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