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It is a crime to have sexual intercourse with a person under the age of But you might have a defence if you are a similar age and both of you consent.
There are different laws in each state about how old you have to be before you can have sex. You could be charged if you have sex with someone who is outside the legal age of consent. To consent to sex, a person needs to be old enough within the legal age of consent and freely agree to the sexual activity. You cannot freely consent if you are drunk, drugged, unconscious or asleep.
It is also not consent if you are forced, tricked or threatened into having sex. If you have sex with someone who is unable to freely consent, this is sexual assault, which is a serious crime. Anyone can withdraw their consent at any time - it doesn't matter if you've already started to have sex.
If one person isn't into the sexual activity, then you have to stop. Some people might give non-verbal signs that they want to stop instead of saying 'no'. Non-verbal signs can include things like turning away, pushing your hand away or not responding to your touch. Touching someone sexually if they don't want to is a crime - whether they've actually said 'no' or not.
The best way to be sure that the other person consents to any kind of sexual touching is to ask them what they want to do and check to see if they want to keep going. Any charge of a sexual nature can have serious consequences for you. You should always get immediate legal advice about your situation. You can call and get free confidential legal advice, between 9am and 5pm Monday to Friday. If you have a legal problem you should talk to a lawyer before making a decision about what to do.