Updated December 9, 2025
Updated December 9, 2025
The age of consent in Victoria is 16. In Australia, it is 16 or 17 depending on the state or territory. In Victoria, the age increases to 18 if the older person is in a position of authority such as a teacher, coach, employer, or carer.
Across Australia, the legal age of consent is:
In Victoria, the age of consent is 16. A person under 16 cannot legally agree to sexual activity.
In Victoria, the legal age of consent becomes 18 when the older person is in a position of authority such as a teacher, coach, counsellor, employer, or religious leader. We often have cases where teachers have started relationships with students and the argument is around whether it started before 18 or not
Normally there is no fixed legal age gap. The key issue is whether each person is above the legal age of consent.
However, there is a provision under section 49U of the Crimes Act 1958: if a child is between 12 and 15 years old, they can legally consent to sexual activity with someone who is no more than two years older. For example, a 14-year-old could legally engage in consensual sexual activity with someone aged 15 or 16, but not with someone older. Or a 15-year-old could have sex with a 17-year-old.
Penalties vary depending on the charge under the Crimes Act 1958 (Vic) and may include imprisonment, community orders, and placement on the Sex Offenders Register.
Anyone contacted by police about sexual activity involving a person under 18 should seek legal advice as early as possible. It is free to have an initial conference with us and it is much safer to have proper advice if the Police have approached you. Do not speak to the Police before talking to a lawyer.
It is 16 or 17, depending on the state.
It is 16, or 18 if the older person is in a position of authority.
In Victoria, the legal age of consent is 16.
Date Published: 9 December 2025
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
