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Will I get in trouble with the police if I admit I was using an illegal drug at the time I was raped? You have to be awake, conscious and able to think clearly to consent to sex. You cannot consent to sex if you are asleep, unconscious, drunk, or affected by drugs (it doesn’t matter if the drugs are legal or illegal).
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The police explained that because I am only 13 I could not legally consent to having sex - it was sexual assault what he did to me and it was ok to be upset about it.’ What if I was too ‘out of it’ to stop him? She took me to the hospital and helped me report to the police.
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I was really upset after it happened so I told my mum. If you have more questions about this and are under 16, see the Contacts page for the National Children’s and Youth Law Centre.Ĭharlize’s Story: ‘I was only 13 when my 17 year old boyfriend had sex with me. However, if two people under the age of 16 have sex and both want to, the police will not usually treat this as a crime. Any sexual contact with someone under 16 is a crime in NSW and the other person can be charged with an offence. The law says that a person under 16 cannot legally consent to sexual contact, even if they want to. Some common questions If I am under 16 can I have sex if I consent to it?