In Australia, the laws surrounding the age at which young people can legally consent to sex are different in each state and territory. In Queensland, the age of consent is 16. This age is the same regardless of the type of sexual activity and regardless of the sex or gender of the participants. This page outlines the age of consent laws in Queensland.
What is consent?
Consent is defined in section 348 of the Criminal Code 1899 as consent that is free and voluntarily given by a person who has the capacity to consent.
A person is not taken to consent freely and voluntarily if they agree because of:
- force
- threat or intimidation
- exercise of authority
- false or fraudulent representations
- mistaken belief that the accused was their sexual partner (where this belief is induced by the accused)
Sex without effective consent is a serious offence regardless of the ages of the people involved.
What is the age of consent?
The age of consent is the minimum age at which a person can be taken to have the capacity to consent to sexual activity.
If a person younger than the age of consent takes part in sexual activity, they are taken to do so non-consensually and the other person involved may be charged with an offence.
There is a range of offences involving having sexual contact with children under 16 contained in the Criminal Code 1899. These offences can attract lengthy terms of imprisonment.
History of age of consent in Queensland
Historically, Queensland had different laws regarding the age of consent for sexual acts involving vaginal penetration and anal penetration.
Until 2016, the age of consent for vaginal sex was 16, but the age of consent for anal sex was 18. This was widely viewed as discriminatory and based on outdated attitudes towards sexual activity between men.
Since 2016, the age of consent has been 16 regardless of the type of sex involved.
Sex between young people
Unlike many other states and territories, Queensland does not have a law that permits sex between similarly aged young people.
In other states, these laws (often called ‘Romeo and Juliette laws’) permit sex when both participants are below the age of consent or where one person is less than two years older then the other. These laws exist to allow for situations where consensual relationships exist between two developing young people.
In Queensland, any sex involving a person under 16 is unlawful.
Offences involving children below the age of consent
The Criminal Code 1899 contains sexual offences against children. These include having penile intercourse with a child under 16, indecent treatment of a child under 16, grooming a child under 16 and having repeated sexual contact with a child under 16.
Penile intercourse with child under 16
Under section 215 of the Criminal Code 1899, a person who engages in penile intercourse with a child under 16 is an indictable offence. This offence is punishable by a maximum penalty of 14 years imprisonment if the child is aged over 12 and by a maximum penalty of life imprisonment if the child is aged under 12.
Indecent treatment of child under 16
Under section 210 of the Criminal Code 1899, a person who engages in indecent treatment of a child under 16 is guilty of an indictable offence. This offence includes procuring a child for an indecent act and exposing a child to an indecent act or to indecent material. This offence carries a maximum penalty of imprisonment for 14 years if the child is aged over 12, or 20 years imprisonment if the child is aged under 12.
Grooming child under 16
Under section 218A of the Criminal Code 1899, a person who engages in conduct in relation to a child under 16 with intent to facilitate the procurement of the child to engage in a sexual act or to expose the child to an indecent matter is guilty of a crime. This offence is punishable by a maximum penalty of five years imprisonment, or 10 years imprisonment if the child is aged under 12 or the offender believes that the child is aged under 12.
Defences to offences involving children below the age of consent
If a person is charged with an offence involving sexual contact with a child who was over 12 but under 16 and they believed on reasonable grounds that the child was aged over 16, they may rely on this as a defence.
This defence may not be relied on in relation to a sexual act with a child who was under 12.
Child Protection Offender Registry
In Queensland, people who have been found guilty of particular child sex offences must register on the Child Protection Offender Registry. A person who is on this registry is required to keep the police informed of their residential address and notify police if they leave the state. They must also report to the Queensland Police annually.
The length of time that a person must remain on the Registry depends on the offence they were found guilty of and whether they have re-offended.
Corrective Services may release the details of persons on the Registry if it is in the public interest to do so. Before a person can receive information about an offender, they must sign a confidentiality agreement.
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