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FAQ

South Australia

 

Question: Hi my name is Matt, I’m 15 years old and live in Adelaide. My girlfriend, who is also 15, is now pregnant. Is this illegal even though we both consented?


Answer: Hi Matt

The most important thing right now is that your girlfriend is healthy and safe. If she hasn’t already, we strongly recommend that she goes to a doctor to confirm her pregnancy and to get some medical advice and support. We have given you some details of health services below that could help.

The law in South Australia says that you can’t have sex with someone who is under 16. Whether or not you or your girlfriend could be charged with a crime depends on a number of things. We say more about this below.

 

Is this illegal?

Matt, you can read about South Australian laws on the age of consent to sex at: http://www.lawstuff.org.au/sa_law/topics/sex/article

It is against the law to have sex with someone who is under age 17 in South Australia. The only exception to this is for two 16 year olds who both agree to have sex. Because you and your girlfriend are both 15, you have both technically broken the law.

BUT whether or not you (or your girlfriend) could be charged would depend on a lot of things. These include:

  • whether anyone reports it to the police;
  • whether you, your girlfriend or anyone else with direct knowledge of the situation provide any information to the police; and
  • whether the police believe that criminal charges are appropriate in the circumstances.

 

Where can you get help?

We strongly recommend that you and your girlfriend contact a doctor or health service.  In South Australia, you can contact the following services:

  • SHine SA


SHine SA is a sexual health service in South Australia that provides free help to young people. You or your girlfriend can call them on 1300 883 793 or visit one of their clinics - you can look up which location would best suit you here: http://www.shinesa.org.au/go/our-services/clinics.

  • Youth Health Service


The Youth Health Service is a free, confidential service for young people aged between 12 and 25. They have specific support services for young pregnant women. You or your girlfriend can call them on 1300 13 17 19. They can also visit one of their drop-in clinics. They have a number of different locations, which you can see here: http://www.cyh.com/SubContent.aspx?p=190

If you have any other questions, please send us a Lawmail.

Page last updated 25 June 2015.




 

   
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