When can I have sex?  

You can have sex with a person (of the same or different sex) without breaking the law if you are both 16 and over and you both want to do this. It is against the law for two (or more) people to have sex if any (or all) of them are under 16. 

It is unlawful for a person to do any of the following to a young person under 16: 

• touch the young person on the genitals, bottom or chest or somewhere else in a sexual way 

• expose themselves to the young person 

• take inappropriate photos of the young person.

It is against the law for a parent, grandparent, aunt, uncle, brother or sister to have sex with you. This is called incest. It includes that group if you are related through a de facto relationship, step family, adopted family or foster family. It is also against the law to have sex with an animal.

If the police or Child Safety Services believe you are at risk of harm because of your sexual behaviour, they may ask the Court to order that you be placed in the care and protection of Child Safety Services. Get some legal advice if you think this might happen.  

If any adult, including your parents, has reasonable belief that a sexual offence has been committed by an adult (over 18) to a child under 16 (or under 18 if the child has a disability) then they must report it to the police. 

What is safe sex?  

‘Safe sex’ means not swapping any bodily fluids with the person you are having sex with. Practising safe sex can protect you from sexually transmitted infections (STIs), and unwanted pregnancies. Having safe sex means using protection (like a condom) each time you have sex. Other forms of contraception like the Pill make pregnancy less likely but do not protect you from STIs. You can get free condoms from some of the agencies listed under ‘Who Can I Contact for Support?’ 

When can I get contraceptives?  

There is no age limit for buying contraceptives (for example the Pill, condoms) BUT young women will need to get a prescription from a doctor or some pharmacists for contraceptives such as the Pill.  Generally, you may receive contraceptive advice and treatment without your parents being told. You should check your pharmacist or doctor’s practice if this is an issue for you. Usually, the Family Planning Association will respect your right to privacy and will not contact your parents. 

What about my parents? 

If a doctor agrees to treat you, including providing you with contraception, then the doctor must keep information about you confidential (this might apply to a pharmacist providing you with contraception). This means that information about you should not be given to anyone else without your agreement. This includes your parents unless the doctor believes you are not able to understand the treatment and its consequences. If you are unsure who to trust, contact one of the agencies listed under ‘Who can I Contact for Support?’.

STIs?  

Anybody can get an STI (a sexually transmitted infection) by having unprotected sex with someone who is infected. STIs (for example, HIV, genital warts, herpes or hepatitis) are very common, and you can catch them easily. You are much less likely to catch an STI from kissing, hugging or massage. It is important to see a doctor if you have had unprotected sex and you think you may have an STI. If you have an STI and do not tell the person you are having sex with, you can be committing an offence for infecting someone else. 

What if I'm pregnant?  

It is a good idea to talk to someone you trust about what you want to do, as there are choices and you need to understand what those choices will mean for you. If you do not have anyone you can trust contact one of the agencies listed under ‘Who Can Help?’ 

In Queensland it is legal to have an abortion up to twenty-two weeks of pregnancy. After twenty-two weeks two doctors “sign off” before the abortion can be performed. If the doctor has agreed to treat you then the doctor must keep information about you confidential, that is, not tell anyone unless you agree. Anyone wanting to stop you having a legal abortion or trying to make you have an abortion that you don't want would need to ask a court to order this. You should tell the doctor what you want to happen and see a lawyer if you are worried about what may be happening. 

Can I be forced to have sex? 

NO. If you are forced to have sex against your will this is called rape or sexual assault and it is against the law. (See sheet on ‘Victim of Crime’ for more information about this). It includes a wide variety of acts such as oral sex, touching another’s genitals, and groping.Factors including the use of alcohol mayaffect whether you are able to consent to the sexual activity.    

Rape or sexual assault is not something that can only happen with a stranger – date rape can happen when the person you are dating forces you into sexual activity that you do not want. Just because you know the person and agreed to go out with them does not mean that you can be forced to have sex. People who are married cannot force their partners to have sex. You can take back your consent to sex at any time and the other person has to stop or they are breaking the law. 

You should get support from someone you trust or contact one of the agencies listed under ‘Who Can I Contact for Support ?’ to find out what you can do if this happens to you. 

What if I'm a sex worker? 

It is not against the law for you to work as a sex worker however if you are under 18, any person who gets commercial (for money) sexual services from you commits an offence. It is against the law for a person to provide commercial sexual services to any person under 18.

You can legally carry as much safe sex material (like condoms) as you wish. If you do contract certain STIs and are aware of it, it is against the law to put someone at risk of getting it.

There are health and safety issues for sex workers. If you are under 18 and working as a sex worker the police or Child Safety Services may decide that you are at risk of harm and apply to the court for a Child Protection Order and put you in the care of Child Safety Services.  Get legal advice if you think this may happen to you.