We use cookies on this website. By using this site, you agree that we may store and access cookies on your device. The law says that a person must be 17 years of age to be able to consent to engaging in a sexual act. This means that a young person under the age of 17 is not legally old enough to consent to a sexual act even if they want to. Remember, it is a crime to engage in a sexual act with someone who has not, or cannot, give consent. Not necessarily. This means that if a person has been charged with an offence of engaging in a sexual act with a person between the ages of 15 and 17 years he or she can put forward a defence but only if all of these conditions apply:. So, for example, this defence may be open to two 16 year olds, or to a 16 year old and an 18 year old, but only if all the conditions above are present. It may ultimately be up to a court of law to decide if there was actually free and voluntary consent in these circumstances. The law in this area is complex.
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