Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
Partial
Age of sexual consent varies between 16 and 18 years across Australian states.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
Partial
The Australian Commonwealth Criminal Code provides for the application of active extraterritorial jurisdiction for SEC related offences committed outside the territory by Australian nationals or residents. Double criminality is not required (Divisions 272.6 and 273.2 of the Commonwealth Criminal Code). Passive extraterritorial jurisdiction over SEC related crimes is not provided.
Extradition from Australia is allowed for any offence that carries a maximum penalty of at least 12 months’ imprisonment (or other deprivation of liberty) or death; or for offences that do not carry a maximum penalty under the foreign state’s law but are listed in a relevant extradition treaty with Australia. The are no specific provisions on the extradition of SEC related offences but they would be considered as extraditable offences as they all carry greater maximum penalties than 12 months’ imprisonment.
Commonwealth Criminal Code Act Combatting Child Sexual Exploitation Legislation Amendment Act Extradition Act, 1995, 2019, 1988
CSAM Definition
Not Yet Assessed
Background Check Required
Not Yet Assessed
National Commitments
Not Yet Assessed
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Not Yet Assessed
Protection Standards Travel and Tourism
Not Yet Assessed
Public SEC Case Data
Not Yet Assessed
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.