I'm sure it's been mentioned before in one of the million previous posts, but this afternoon ABC radio were talking about today's incident and Jill Singer was commenting on why the statutory rape was being ignored. I thought I'd heard what the law was, but then when I checked, I had to read it again as it's poorly worded.
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s49.html
VICTORIAN Crimes Act 1958 - SECT 48
Sexual penetration of 16 or 17 year old child
(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority.
Penalty: Level 5 imprisonment (10 years maximum).
(2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds-
(a) that the child was aged 18 or older; or
(b) that he or she was married to the child.
I think (1) is worded poorly. It should read:
(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child under his or her care, supervision or authority unless they are married.
In short, assuming there is no care arrangement, in Victoria, a 16 year old is free to have sex with anyone older than them.
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s49.html
VICTORIAN Crimes Act 1958 - SECT 48
Sexual penetration of 16 or 17 year old child
(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority.
Penalty: Level 5 imprisonment (10 years maximum).
(2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds-
(a) that the child was aged 18 or older; or
(b) that he or she was married to the child.
I think (1) is worded poorly. It should read:
(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child under his or her care, supervision or authority unless they are married.
In short, assuming there is no care arrangement, in Victoria, a 16 year old is free to have sex with anyone older than them.