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Sex & the Law

RULES ABOUT SEX

It may be cool to think that there should be no rules to having sex but there ARE some which are there to keep you safe.

The rules say:

  • Two people cannot have sex together if one person doesn’t want to
  • Two people cannot have sex together if they are in the same family
  • Two people cannot have sex together if one of them is too young
  • Two people cannot have sex together if they are not in a private place.

Saying NO

Sally was on a tram one day. The man sitting next to her put his hand on her breast and Sally was upset by this. She didn’t know the man, and she didn’t want him touching her.

The rules say: Sally can say no because the man didn’t ask her if he could touch her, and Sally didn’t want him to.

Graham was in the school toilets when a bunch of boys asked him to take his pants down and show them his penis. Graham said no, so they tried to grab him and pull them down anyway.

The rules say: that Graham didn’t want them looking at his penis. The boys broke the rules and Graham can tell his teacher.

Anne has a boyfriend and they have sex together, often. One night Geoff wants to have sex but Anne doesn’t because she is too tired. Geoff gets angry and says he should have sex when he wants it.

The rules say: that Anne can say no, that she only has sex when she wants to, no matter whether she normally wants to or not.

Keeping It in the Family

The rules about sex say that people in the same family CANNOT have sex with each other unless they are married or living as a couple.

This means that fathers and mothers cannot have sex with their children. Brothers and sisters cannot have sex with each other. This rule applies for most other people in the family. Having sex with someone in your family is against the law, and is called incest.

If you live in a house with people who are not your family, it may still not be OK to have sex. Katie lived in a house with other people. Workers stayed there to help them. One of the workers called David was touching her on the breast and watching her in the shower. Katie didn’t like it and David should not have done it.

What To Do If Someone Breaks the Rules

Sometimes it is hard to do but it is important to tell someone you trust or feel safe with that there is something going on in your life that you do not like.

You may not know someone you feel you can trust. Sometimes noone believes you. Contact us at Family Planning Victoria of contact the following organisations.

  • Centre Against Sexual Assault 9344 2210 (24 hours) or 1800 806 292 (country freecall)
  • Domestic Violence and Incest Resource Centre 9486 9744 or 9417 1255 for deaf people
  • The Action Centre 9654 4766 or 1800 013 952 (for country people).

AM I OLD ENOUGH?

Choosing a Doctor:

For some young people parents can be helpful and supportive. You can legally choose your own doctor at any age. You are able to get your own Medicare card when you turn 15. A doctor is unable to tell your parents any information without your permission, unless they are concerned you may harm yourself or harm others.

Regardless of your age, if you believe that you have not been treated well by your doctor, contact the Health Services Commissioner on 8601 5200 or 1800 136 066 (country free call).

Contraception:

You can get contraception if you are under 18 if

  • The doctor thinks you are mature enough to understand what you are doing
  • The doctor believes you will use the contraceptive properly.

If you are under 16:

  • The doctor can still prescribe you contraception if he or she thinks you are mature enough to understand the pros and cons.

Remember there is no age limit to buying condoms.

Abortion:

If you are considering having an abortion you should get advice from your doctor or Family Planning Victoria as soon as possible.

You can legally have an abortion if the doctor thinks that having the baby would seriously endanger your physical or mental health.

If you are under 18

  • There is no age limit to having an abortion
  • You can get an abortion without your parents’ consent if the doctor thinks you are mature enough to understand what you are doing.

For more information contact:

  • The Action Centre on 9654 4766 or 1800 013 952 (country free call)
  • Family Planning Victoria on 9257 0100

Sex

The laws on sex apply whether it is between people of the same sex or of opposite sex.

Under 18:

  • You cannot have sex if you are under 18 with a person who is caring for you or supervising you eg a teacher

Under 10:

  • You cannot have sex with anyone, even if you agree.

Between 10 and 16

  • The law says a person cannot have sex with you if they are more than 2 years older than you, even if you agree.

Remember: two people cannot have sex if one of those people does not want to.

If you don’t agree and someone threatens you or touches you illegally they are breaking the law. Contact

  • Centre Against Sexual Assault on 9344 2210 (24 hours) or 1800 806 292 (country free call).

I’M THE ONLY VIRGIN I KNOW!

No you aren’t. Here are the stats.

  • 80% of 16-year olds have NOT had sex
  • 48% of 18-year olds have NOT had sex

* all stats from HIV/AIDS and Sexual Health, Australia. Lindsay, J; Smith, A; Rosenthal, D.

Page maintained by:FPV Webmaster
Last updated:09/01/2006
© Family Planning Victoria