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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
The ‘age of consent’ refers to the age at which a person can legally consent to sex. The age of consent varies between different states and territories. In the Northern Territory it is 16.
The law does not prohibit young people below 16 from having sex but rather, it prohibits other people from having sex with them. The Northern Territory Criminal Code Act 1983 sets out various criminal offences consisting of sex acts with children below various ages. It is these offences that determine the age of consent.
Child sex offences in the Northern Territory
In the Northern Territory it is an offence to have sexual intercourse with a child under 16 (Criminal Code, Section 127). This includes penetrative sex and oral sex and is the same for everyone regardless of gender and sexuality.
The Criminal Code Act makes it an offense for anyone to have sex with a child under 16, not only for an adult. Sex between two fifteen-year-olds is therefore unlawful in the NT and both participants could be charged with a criminal offence as a result.
It is also an offence in the Northern Territory to have sex with a child who is aged 16 or 17 and who is under your special care. This includes being a teacher, youth worker, counsellor or employer. Sexual offences against children under 16 who are also under special care, or belong to particular classes which make them more vulnerable, are more serious and carry heavier penalties.
Sex offences and penalties NT
The offences and penalties that apply for sex with a child under 16 in the NT are set out below:
Meaning of consent
In the NT it is unlawful to have sex with anyone without their consent (Criminal Code, Section 192). Consent is defined as ‘free agreement’.
Children below the age of 16 cannot give legally effective consent to sex in the NT. This means that even if a 15-year-old agrees to have sex with a person, that person can still be charged with an offence under Section 127.
If the child is aged over 14, it is a defence if the person believed on reasonable grounds that the child was over the age of 16. If the child is under the age of 14, their agreement to have sex cannot be used as a defence.
How is the NT different from other jurisdictions?
No ‘Romeo and Juliette law’
In most Australian states and territories, the laws governing the age of consent allow for two people who are under 16 but who are close in age to have consensual sex. For example, in Victoria it is legal for a person between the ages of 12 and 16 to have sex with another person if the other person is less than two years older than them. This is sometimes referred to as the ‘Romeo and Juliette law’ and exists to allow for the situation where two young people are engaged in a consensual sexual relationship. No such provision exists in the NT.
Mandatory reporting
Under the Northern Territory Care and Protection of Children Act, it is mandatory for all persons in the NT to report any sexual activity by a person under 16 to the Department of Children and Families (Section 26). This provision applies to all Territorians including doctors, nurses, teachers and parents. It applies regardless of the circumstances of the sexual activity and whether or not it is with another person of a similar age.
This mandatory reporting provision has been widely criticised with many feeling that it makes young people reluctant to seek medical advice for sexual health issues.
If you require legal advice or representation in a criminal law matter in NT, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1300 636 846, contact us online or book a consultation with one of our experienced lawyers.
faqs: - question: 'Can two 15-year-olds be charged for having sex with each other in the NT?' answer: 'Yes, both participants can be charged with criminal offences. The NT Criminal Code makes it an offence for anyone to have sex with a child under 16, not only adults. This means sexual activity between two fifteen-year-olds is unlawful in the Northern Territory and both could face criminal charges under Section 127 of the Criminal Code Act 1983.' - question: 'What are the penalties for sexual intercourse with a child under 16 in the Northern Territory?' answer: 'The penalties vary depending on the specific circumstances and the child''s age. Sexual intercourse with a child under 16 is an offence under Section 127 of the NT Criminal Code. More serious penalties apply when the child is under special care or belongs to vulnerable classes. The exact penalties depend on factors like the child''s age and the relationship between the parties involved.' - question: 'How much does it cost to get legal advice about age of consent charges in the NT?' answer: 'Go To Court Lawyers offers fixed-fee consultations for $295 to discuss age of consent and child sex offence charges in the Northern Territory. During this consultation, you can get specific legal advice about your situation, understand the charges you may be facing, and learn about your legal options. This transparent pricing helps you access professional legal guidance without unexpected costs.' - question: 'How can a criminal lawyer help with age of consent charges in the NT?' answer: 'A criminal lawyer can assess the evidence against you, identify potential defences like reasonable belief the child was over 16, and develop the strongest possible defence strategy. They can negotiate with prosecutors, represent you in court proceedings, and ensure your rights are protected throughout the legal process. Professional legal representation is crucial given the serious nature and penalties of these offences.' - question: 'How urgent is it to get legal help after being charged with a child sex offence in the NT?' answer: 'It is extremely urgent to seek legal representation immediately after being charged or investigated for child sex offences. These charges carry serious penalties and long-term consequences including potential imprisonment and sex offender registration. Early legal intervention allows your lawyer to protect evidence, advise you during police interviews, and begin building your defence strategy from the outset of proceedings.' ---