| Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year
In NSW, the age of consent is 16.
There is no 'two-year leeway'.
The maximum sentence for the crime is (from memory) 14 years, and this is regardless of the age difference.
The judge has discretion in their sentencing, and in passing sentence will take into a range of mitigating and aggravating factors. The age difference is likely to be of issue here, as is any position of authority held by the older party. Victim Impact Statements and the like are also considered.
As a result, in theory there would be no difference, as it is the same crime. In practice, the circumstances of the case would more than likely skew things against the 50 year old.
This has been stated numerous times in the thread, and I do not think a more complete answer can be given than what already has.
__________________ Quote: Wrongs Act 1958 (Vic) s 48(3)
(b) risks that are not insignificant are all risks other than insignificant risks and include, but are not limited to, significant risks.
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