QLD Statutory r**e QLD - Criminal Offence?

[Dylan Bonaventura]

Hi. My friends and I have been having an argument for a couple of weeks now.

My question is; In Queensland, can an 18 year old legally have intercourse with a 16 year old? Full consent is given from both parties.

I was also wondering what constitutes statutory r**e in QLD. My friend thinks that an 18 year old (an adult) having sex with a 16 year old (who is technically a minor) is statutory r**e. Can anybody elaborate on this topic please?

I'd really like some clear cut answers to settle this once and for all. Thanks for the responses in advance

 

[John R]

Hi Dylan,

1. LawStuff has a simple summary - "When can I have s*x in Queensland?"
2. Section 349 of the Criminal Code Act 1899 (Qld) (Queensland Criminal Code) sets out the offence of r**e.
3. On the basis of the information provided, your friend's belief is incorrect (assuming that there is "consent" as defined in section 347 of the Queensland Criminal Code).

Hope this helps!

 

[Dylan Bonaventura]

Hi Dylan,

1. LawStuff has a simple summary - "When can I have s*x in Queensland?"
2. Section 349 of the Criminal Code Act 1899 (Qld) (Queensland Criminal Code) sets out the offence of r**e.
3. On the basis of the information provided, your friend's belief is incorrect assuming that there is "consent" as defined in section 347 of the Queensland Criminal Code.

Hope this helps!

Thanks a lot for this reply. Sorry for my slow response. But that did help out

 

[Toqual]

Precisely what John has said.

An 18+ is considered an adult and can only lawfully engage in sexual intercourse with another adult. Similar concept for those at the age of consent; a 16 year old can only have coitus with an individual between 16-17. If these requirements are not met, it is Statutory r**e.