Sex

Deciding to have sex with someone is a big decision. If you think that you are ready to have sex, it is important that you are aware of the different laws about how old you have to be to be able to legally agree to have sex, and to understand what the law means by sex.

Before you have sex, you should talk to a health professional or a trusted adult about how to practice safe sex and to make sure you are fully aware of the risks of practising unsafe sex.

Remember, it is NEVER okay for someone to force you to have sex without your permission – you have the right to say NO at any time.

Navigate this page

What does age of consent mean?

The age of consent is how old the laws says you have to be to agree (consent) to have sex.

If you are under the age of consent, the law says that you cannot legally agree to have sex, and any person that tries to have sex with you has broken the law.In NSW, the age of consent is 16.

If you are 16 years old, another person can have sex with you if you agree to it (unless they are your carer or supervisor—see section on sex with a carer or supervisor below).

What does consent mean?

“Consent” means giving your free and voluntary agreement to sex. It is never ok for someone to assume you have given consent or to force you to keep going if you want to stop.

For example, a person does not give their consent include if they:

  • do not have the capacity to consent due to age, or a mental or physical impairment;
  • are asleep or unconscious;
  • are threatened, forced or afraid;
  • are restrained against their wishes;
  • are tricked or mistaken about the nature of the act, or who the other person is;
  • are tricked into thinking the other person is married to them;
  • are substantially intoxicated or under the effect of drugs; or
  • forced due to the position of authority by another person.

What do we mean by sex?

Sex means:

  1. When a penis, finger, object or any part of a person is partially or fully inside another person’s vagina or anus; or
  2. Any kind of oral sex.

Sex does not involve kissing or touching if there isn’t penetration of the mouth, anus or vagina. However, please be aware that other sexual activity that doesn’t technically involve penetration may be considered indecent assault.

Also, there are also special laws that apply to filming, photographing or sharing sexual images online or by phone. For more information about these laws please see our page on sexting

Sex with a carer or supervisor

When you are 16 years or older, you can have sex with another person aged 16 or older if you both agree to it. However, it’s a crime for a person who is caring for you, supervising you or has authority over to have sex with you while you are between the ages of 16 to 18.

Some examples of people who are in a position of care or supervision over you would include your teacher, sports coach, youth worker, counsellor, foster carer, religious instructor, health professional, police officer or employer.

What happens if someone breaks these laws?

If someone is found guilty of breaking the laws around age of consent, they may be charged with a serious criminal offence, sent to jail and placed on a public sex offender registry.

The public sex offender registry is a list of adults who have been found guilty of a sex crime. Registered sex offenders are required to keep the police informed about their personal details and whereabouts.

Talking about safe sex

Deciding to have sex with someone is a big step. Remember that the decision is up to you. If you feel pressured to have sex, or if you’re not sure you want to, you can say no. The other person must respect your choice. If they try to have sex with you without your consent, they are committing a crime.

If you are thinking about having sex, please be aware of the risks that are involved with unsafe or unprotected sex. These risks include:

  • getting a sexually transmissible infection (STI) like chlamydia;
  • getting a blood borne virus like HIV; or
  • unplanned pregnancy.

For information about how you can protect yourself against the risks of unsafe sex, you can speak to your GP or contact Family Planning NSW on 1300 658 886 or visit their website at: http://www.fpnsw.org.au

Important contacts

You can contact any of the services provided below to talk about anything relating to sex including safe sex, if you’re not sure what is considered normal in a relationship, or if you are worried you might be pregnant.

You do not have to give them your name if you don’t want to.

  • Kids Helpline provides free and private counselling to young people up to age 25. You can talk to them about anything that’s affecting you at any time, day or night on 1800 55 1800.
  • 1800Respect is a national helpline, providing counselling, information and support. You can call them on 1800 737 732, 24 hours a day, 7 days a week.
  • 1800MYLINE is a national helpline for people needing counselling advice or referrals to helpful services. You can call them on 1800 695 463, 24 hours a day, 7 days a week.
  • Family Planning NSW runs a hotline to provide information, advice and options for issues including contraception, pregnancy, sexual health and health relationships. You can call them on 1300 658 886, Monday – Friday, 8.30am-5pm.  

If you have a legal question, and you are aged 24 or under, you can contact us here.

Got a question you
 can’t get answered?

If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.

Get help now

Select Your State or Territory

The law is different in each state and territory. Please select your state or territory to view legal information that applies to you.