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The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it.

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For some sexual crimes, when the victim is under 16 years old, the law doesn't allow the accused to claim that the young person agreed to the sexual activity. This is because the minimum legal age for consenting to a sexual activity is If a person took part in a sexual activity with someone under the age of 16 and a complaint is filed with the police, the law doesn't recognize the young person's consent. For example, if a person is accused of sexual contact with or sexual assault of someone under 16, the person charged with the crime can't use the defence that the young person consented, even if the sexual activity was voluntary.

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