In W.A. the age of consent is 16 years of age. This is not uniform across all Australian States and Territories. Equally, in W.A. there is no similar age consent defence. Again, this is not the position in all jurisdictions in this country.

It may seem odd that there is not a uniform position in Australia given that we all live in the same country and live lives broadly resembling each other’s’ in broadly uniform social conditions and customs.

This means that in Western Australia, the law does not recognise that a child under the age of 16 can legally consent to engaging in sexual relations with another individual, whatever the age of that other individual.

In a broader social and philosophical sense, people may hold views that an individual may be sexually and mentally mature enough to engage in consensual sexual relations prior to the age of 16. In this jurisdiction such views are immaterial the age of consent is rigid and it is 16.

In N.Z., as the recent case of Tulisi Leiataua demonstrates, a defence to an allegation of unlawful sexual penetration can be mounted even when it was know to the offender that the complainant was under the age of 16.