By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- The age of consent in Victoria is 16. Sexual activity with a child under 16 is a crime even if the child agreed, subject to narrow defences.
- Under 12: no defence based on similar age or belief about age. Maximum 25 years' imprisonment for sexual penetration.
- 12 to 15: a defence or exception applies where the other person is not more than 2 years older, or reasonably believed the young person was 16 or older.
- 16 and 17: they can agree to sex, but not with a parent, step-parent, teacher, employer, coach, counsellor, health professional, youth worker or other person with care, supervision or authority over them.
- Images: a sexual image of anyone under 18 can be child abuse material, even if they can agree to sex.
- Maximum penalties: 15 years for sexual penetration of a child under 16, and 10 years for sexual touching of a child under 16.
- For advice if you have been contacted by police or charged, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Victoria for a fixed $295.
The age of consent in Victoria is 16: under the Crimes Act 1958, sexual penetration of a child under 16 is a crime with a maximum of 15 years' imprisonment, even if the child agreed, unless a narrow defence applies, such as the accused being no more than 2 years older (where the child is 12 or older and consented). A 16 or 17 year old can agree to sexual activity, except with a person who has them under their care, supervision or authority, such as a teacher, coach or parent.
Checked on 23 October 2026 against the Crimes Act 1958 (Vic).
The age of consent in Victoria
The Crimes Act 1958 does not use the phrase "age of consent". Instead it makes sexual activity with a child below certain ages a crime, whether or not the child agreed:
| Age of the young person | The rule |
|---|---|
| Under 12 | Any sexual penetration is a crime, with no similar-age or belief-about-age defence. Maximum 25 years' imprisonment. |
| 12 to 15 | Sexual penetration is a crime (maximum 15 years; standard sentence 6 years), and so is sexual touching (maximum 10 years; standard sentence 4 years), unless a similar-age rule or a reasonable belief about age applies (below). |
| 16 or 17 | Can lawfully agree to sexual activity, except with a person who has them under their care, supervision or authority. Penetration by such a person carries a maximum of 10 years. |
| 18 and over | An adult; the ordinary rules about consent apply. |
Whatever the ages, sexual activity without consent is a crime. See affirmative consent in Victoria.
Similar-age and belief-about-age defences (12 to 15)
- Sexual penetration of a 12 to 15 year old: it is a defence if the accused was not more than 2 years older than the young person, the young person was 12 or older, and the young person consented.
- Sexual touching and sexual activity in front of a 12 to 15 year old: there is no offence at all if the accused is not more than 2 years older and the young person is 12 or older.
- Example: a 17 year old and a 15 year old are within 2 years of each other, so these rules can apply; an 18 year old and a 15 year old are not.
- Reasonable belief about age: it is a defence if the young person was 12 or older and the accused reasonably believed they were 16 or older. The accused must prove that belief on the balance of probabilities, and the steps they took to find out the young person's age are part of the circumstances. There is no such defence if the young person was under 12.
16 and 17 year olds: care, supervision or authority
A 16 or 17 year old cannot lawfully agree to sexual activity with a person who has them under their care, supervision or authority. Without limiting that phrase, the Act lists the young person's:
- parent or step-parent (including the partner of a parent), or anyone with parental responsibility for them;
- teacher, employer, youth worker, sports coach, counsellor or health professional;
- religious or spiritual guide, or a leader or official of a church or religious body who provides care, advice or instruction to them;
- out of home carer;
- police officer, or youth justice centre or prison worker, acting in the course of their duty in respect of the young person.
There are narrow exceptions: if the two are validly married, or the person is not more than 5 years older and became the young person's domestic partner before the care relationship began. It is also a defence if the person reasonably believed the young person was 18 or older, which the person must prove.
Sexting and images of under-18s
- Under 18: for the child abuse material offences, a child is anyone under 18. A sexual image of a 16 or 17 year old can be child abuse material even though they can lawfully agree to sex.
- A young person's own image: a child does not commit an offence by taking or keeping an image that shows only themselves.
- Young people close in age: there are narrow defences for a young person who is not more than 2 years older than the youngest person shown, where the image does not show a crime (or they reasonably believe it does not). They are technical, so get advice before relying on one.
- Sharing images: distributing an intimate image of another person can be a separate crime, with a maximum of 3 years' imprisonment, and its exceptions for consent apply only where the person shown is an adult.
Free help
| Service | Number | Hours |
|---|---|---|
| Police, ambulance or fire in an emergency | 000 | Any time |
| 1800RESPECT (national sexual assault, domestic and family violence counselling) | 1800 737 732 | 24 hours a day, 7 days a week |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you before a police interview, explain the charge and any defence, and represent you in court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Crimes Act 1958 (Vic), authorised version 323, sections 37, 49A to 49D, 49U to 49Z, 51A, 51M to 51P and 53S, on 23 October 2026.