Call our lawyers
now
or,
have our lawyers
call you
Age of Consent in Brisbane
Updated on Oct 07, 2022 • 4 min read • 206 views • Copy Link
Age of Consent in Brisbane
The age of consent is the age at which a person can lawfully consent to sexual activity. The age of consent laws are different in each state and territory. The age of consent in Brisbane and the rest of Queensland is 16. The age of consent is the same regardless of the type of sex concerned and regardless of the sex and gender of those involved.
The age of consent in Brisbane
Until 2016, the age of consent in Brisbane and the rest of Queensland was 16 for vaginal sex; however, the age of consent of 18 applied to anal sex. Queensland was the only state or territory that had different ages of consent for different sexual activities. This was changed in 2016 as the old system was felt to be discriminatory and based on outdated attitudes towards homosexuality. In 2016, the Criminal Code Act was also amended to remove the word ‘sodomy’ was replaces with ‘anal intercourse.’
There is currently no provision in Queensland legislation to allow for consensual sex between young people under 16 where both are of a similar age. Elsewhere in Australia, such laws, dubbed ‘Romeo and Juliette laws’ allow for the situation where a consensual sexual relationship exists between young people.
In Queensland, any sex involving a person younger than 16 is unlawful.
Offences involving sex with a child under 16
It is an offence under section 215 of the Queensland Criminal Code Act to have carnal knowledge of a child under 16. Carnal knowledge includes sexual penetration of any kind and to any extent. This provision sets out different maximum penalties for offences involving carnal knowledge of children of different ages, with the harshest penalties applying to offences involving children younger than 12.
Section 210 of the Criminal Code Act contains an offence of indecent treatment of a child under 16. This offence has a broader scope than the offence of carnal knowledge as it encompasses sexual contact that falls short of penetration. It also includes exposing a child to pornography and engaging in an indecent act with a child.
A range of provisions also exists making acts preparatory to sex with a child under 16 unlawful. These offences include taking a child for an immoral purpose, using the internet to procure a child to engage in a sexual act, procuring a young person for carnal knowledge, and grooming a child.
Defences to offences involving the age of consent in Brisbane
Where a person is charged with a sexual offence against a child who was aged over 12 but under 16 they have a defence if they believed on reasonable grounds that the child was 16 or older.
In Queensland, unlike some other Australian states, if a child under 16 consented to sex this cannot be used as a defence. This is the case even in cases where the child was aged 14 or 15 at the time of the alleged offence.
Child Offender Registers
In Queensland, persons who have been found guilty of particular child sex offences must register on the Child Protection Offender Registry. Persons on this registry must keep police informed of their residential details and inform police if they leave the state. They must also who are found guilty of serious child sex offences must register and stay on the registry for a stipulated period depending on the offence and whether they re-offend. However, persons found guilty of a single child sex offence who are sentenced to non-custodial orders are not required to register (Section 5(2)(b)).
The National Child Offender System records details of all registered child sex offenders in all jurisdictions of Australia.
The Chief Executive of Corrective Services may release the details of sex offenders where it is in the public interest to do so. This may occur when a person needs to know about a child sex offender’s accommodation or employment details. Before a person receives confidential information about an offender, they must sign a confidentiality agreement. If they do not sign this, they will receive only general information and not any information that identifies the offender.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Abortion was legalised in New South Wales in 2019 under the Abortion Law Reform Act 2019. Abortion in New South Wales may be surgical (meaning that a surgical procedure is carried out to end a pregnancy) or medical (meaning that a drug is administered or prescribed in order to end ....
Posted in:
Offences
Fraud in Western Australia Fraud in Western Australia is contained in section 409 of the Criminal Code (WA). The maximum penalty for fraud if imprisonment for seven years, or for ten years where the victim is aged over 60. This article deals with fraud in Western Australia. What is fraud? The ....
Posted in:
Offences
Breath Testing on Private Property
The blood alcohol limit for drivers with a full licence in all Australian states and territories is 0.05, while for other licences it is zero. Every driver and driver trainer can be breath tested in defined circumstances, with slight differences in when and where you can be tested and the ....
Posted in:
Offences
Sexual Offences Against Adults (NT)
Sexual Offences Against Adults (NT) Sexual offences such as indecent assault in the Northern Territory are governed by the Criminal Code Act and the Sentencing Act. The Criminal Code Act sets out the different offences and the maximum penalties that attach to them, while the Sentencing Act sets a mandatory sequencing regime ....
Posted in:
Offences
Stalking (Tas) Stalking behaviour is persistent action intended to exert influence or control over another person. A stalker acts in certain ways intending to awaken fear in the victim. For instance, following their victim, calling regularly or sending unwanted and disturbing messages to their victim. They may also escalate to ....
Posted in:
Offences
Use of Listening Devices in New South Wales
Use of Listening Devices in New South Wales The Surveillance Devices Act 2007 regulates the use of listening devices in New South Wales. The Act also covers the use of data surveillance, optical surveillance and tracking devices. Breaches of the Act can lead to criminal charges. What is a listening ....
Posted in:
Offences
Common Assault in Western Australia
In Western Australia, there are a number of assault offences contained in the Criminal Code Act Compilation Act 1913. These include common assault, assault occasioning bodily harm, assault with intent and serious assault. This page deals with common assault in WA. Legislation governing common assault in Western Australia Common assault ....
Posted in:
Offences
In this rapidly-advancing technological and social media age, the number of new criminal offences that have arisen relating to the misuse of the internet and social media has increased substantially. One behaviour, in particular, has resulted in parliament enacting new laws: the publication and distribution of ‘revenge porn’. What is ....
Posted in:
Offences
Animal Cruelty (SA) There is no national legislation around animal welfare but each state and territory has animal welfare laws. In South Australia, the Animal Welfare Act 1985 regulates the treatment of animals and their use by humans and sets out offences relating to animal cruelty. The act defines an ....
Posted in:
Offences
Terrorism Offences And the Law
After the terrorist attacks of September 11 2001, Australia’s criminal laws were amended to include a range of terrorism offences. Prior to 2001, acts of terrorism could only be prosecuted under general criminal law provisions such as murder, bombing or aircraft hijacking. In 2002, the first terrorism-specific criminal offences were ....
Posted in:
Offences
Public Health Emergencies (Qld)
All Australian states and territories have now passed new laws in an attempt to limit the spread of the Coronavirus. The new laws amend existing health legislation, making it possible for governments to declare Public Health Emergencies for much longer than they could under the legislation previously. They also make ....
Posted in:
Offences
Public Disorder Offences (SA) Public disorder offences are offences that interfere with the ability of society and individuals to operate efficiently. In South Australia, there are a number of public disorder offences contained in the Summary Offences Act 1953. Some more serious offences are set out in the Criminal Law ....
Posted in:
Offences