In general, there are no laws that say when a young person can start dating another person (but there are laws about doing sexual activity with another person, which we explain below!) However, there are laws which make grooming children under the age of 16 a crime.
No, it's not against the law for a 20 year old to "DATE" a 16 year old. The definition of 'date' means to go out together to a movie or to dinner or dance. It does not mean having sex...
However, it is not an offence if the person honestly believed that you were 16 or if there was less than a two-year age difference between you. This is exactly two years. For example, if a person is 17 and has sex with someone who is 15, it is not a crime.
16 and over
If you're 16 or older, you can have sex with another person who is 16 or over without breaking the law—if you both agree, and are both capable of consenting—unless you are related to them or under their care. This also applies to same-sex couples.
It is important to understand that it is not a crime for children under 16 to have sex! The law criminalises people who have sex with under-16-year-olds. So, if an 18-year-old is having consensual sex with a 15-year-old, the 18-year-old is guilty of an offence and the 15-year-old is the victim.
The legal age for consensual sex varies between 16 and 17 years across Australian state and territory jurisdictions (see Table 2). For other sexual activities, the criminal legislation relating to different types of sexual behaviours and interactions varies across Australian jurisdictions.
About legal age in Australia
As your child grows up and becomes more independent, you might be wondering how old they need to be before they can do certain things. In Australia, you're considered to be an adult when you turn 18 years old.
If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it.
There aren't any laws around being in a non-sexual relationship where one person is under 18 and the other over. Once you turn 16 it's not illegal for someone to have sex with you no matter how old they are.
"Half-your-age-plus-seven" rule
An often-asserted rule of thumb to determine whether an age difference is socially acceptable holds that a person should never date someone whose age is less than half their own plus seven years.
Studies have found partners with more than a 10-year gap in age experience social disapproval. But when it comes to our own relationships, both men and women prefer someone their own age, but are open to someone 10-15 years their junior or senior.
What Is the Age of Consent? Federal law makes it criminal to engage in a sexual act with another person who is between the age of 12 and 16 if they are at least four years younger than you. Each state takes a different approach as the age of consent has ranged from 10 to 18.
Can a 16-year-old date an adult child? It is generally legal for a minor to be in a non-sexual dating relationship with an adult child. This includes the minor dating an 18-year-old, 19-year-old, 20-year-old, 21-year-old, etc.
Is it okay if I'm 19 and dating a 16-year-old? If “dating” includes having sex, it is illegal because the 16-yr-old is a minor. Don't do it. If the minor's parent or parents press charges, you could be in jail for a long time plus leave prison as a sexual predator, limited as to where you can live or work.
A person under the age of 18 years cannot legally consent to sexual intercourse. The age of consent is the same for both males and females. Therefore, if you are 19 years old and have sex with a 17-year-old, you could be arrested for a sex crime. In most cases, the crime would be statutory rape.
That said: “9pm is a sensible approach.” For teenagers, Kelley says that, generally speaking, 13- to 16-year-olds should be in bed by 11.30pm.
But there are exceptions. Angola and the Philippines both set the age of consent at 12, which is the lowest in the world.
No, it is generally not illegal to simply be in a non-sexual relationship with a minor. However, just because it is not illegal to date someone underage does not mean that everything in the relationship is permissible. Some non-sexual conduct that is common in dating relationships may still be illegal.
You are now in control of your life. The law says you are an adult and you don't need your parents' permission to do anything. You can: be taken to the adult courts if you break the law.
Transition to adulthood is gradual
While a child becomes an adult at 18 in Australia, the legal age for certain things, like driving, can be younger and differ from state to state.
In Western Australia, the age of consent is 16 years for both males and females. Anyone under the age of 16 is said to be a child who cannot consent to sex or sexual behaviour, even if they agree.
A relationship age gap bigger than 10 years often comes with its own set of issues. “While there are always exceptions to rules, a good rule to remember is that dating someone more than 10 years older will present challenges now or later that add to the preexisting challenges any relationship has,” he says.
In short, research seems to indicate that in many cultures, an age gap of 1 to 3 years is considered ideal — but some researchers suggest even a relationship with an age gap of less than 10 years will bring more satisfaction.
Is 19 and 17 grooming? Yes, it is. Grooming isn't about age, it's about authority and power.