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Indicators of inequality include size and weight differences and differences in intellectual development.Indicators of power differentials are more subtle and they are often established prior to sexual interactions; for example, a strength differential may have been established in earlier wrestling, fighting or play (Ryan, 1997).In considering the final factor of coercion, Ryan (1997) determined that coercion is the peer pressure put on one child by another to achieve compliance. The lower end may include implied authority, manipulation, trickery or bribery.The top end of the continuum may include physical force, threats of harm and overt violence.
Such laws effectively determine that children and young people below the age of consent do not have the emotional maturity to consent to sexual activities.
A child may be willing to engage in sexual behaviour; however, as they do not have the psychological capacity to give consent according to law, all sexual interactions between an adult and a person under the age of consent are considered abusive (Barbaree & Marshall, 2006).
The legal age for consensual sex varies across Australian state and territory jurisdictions (see Table 1).
If the relationship between two children or young people under the legal age of consent is unequal, non-consensual or coercive, it is abusive and may require a child protection or judicial response.
If a person is accused of engaging in sexual behaviour with someone under the legal age, there are various statutory defences available, which are outlined in legislation.