A 16 year old and a 19 year old having sex, is this illegal?

UPDATED: Jul 6, 2009

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A 16 year old and a 19 year old having sex, is this illegal?

Hello, my cousin and his girlfriend are having sexual intercourse on a regular basis. He is 19 and she is 16, is this illegal or because she is over the age of consent, is it legal? we live in australia and this is the only program online to offer free anonymous advice, the age of sexual consent here is 16.

Asked on July 6, 2009 under Criminal Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not at all versed in Australian law, but if the age of consent is 16 then in my opinion there is no illegal act being committed.  I grant you that there is a big maturity difference between 16 and 19 but legally this behavior does not appear to be a violation under your law.

You really should consult with an attorney in your country on all of this.


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