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What is the age of consent in NSW?
The law says a person is unable to lawfully agree to sexual activity such as sexual intercourse, sexual touching or a sexual act before they reach a certain age, this is known as the ‘age of consent’.
The age of consent in NSW is generally 16 years, a person who engages in sexual activity with a child under that age can be found guilty of a sexual offence regardless of whether the child gave express or implied consent to the conduct. The age of consent increases to 18 years of age where the child was under the ‘special care of the accused person.
A legal defence is where the parties were of ‘similar age’, which means the alleged victim was at least 14 years of age and the accused person was no more than 2 years older. Duress is also a defence.
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