❓ Question regarding the Department for Community Development's handling of cases involving children with STIs, specifically addressing the legal implications of consensual sex involving a 13-year-old. The Minister's response clarifies the illegality of sex under 16 and expresses concern.
AnsweredQoN 293Legislative Council
QuestionView source ↗
DEPARTMENT FOR COMMUNITY DEVELOPMENT - CHILDREN WITH SEXUALLY TRANSMITTED INFECTIONS
SEXUALLY TRANSMITTED INFECTIONS
Last week I asked about the follow-up by departmental officers on the 60 children who had sexually transmitted infections. One answer said that in a recent referral involving consensual sex in which the child was aged 13 years, staff had not yet been able to interview the child and that efforts to do so were continuing. Does the Minister for Child Protection agree with departmental staff that a child aged 13 can have consensual sex under Western Australian law? Hon SUE ELLERY
SEXUALLY TRANSMITTED INFECTIONS
Last week I asked about the follow-up by departmental officers on the 60 children who had sexually transmitted infections. One answer said that in a recent referral involving consensual sex in which the child was aged 13 years, staff had not yet been able to interview the child and that efforts to do so were continuing. Does the Minister for Child Protection agree with departmental staff that a child aged 13 can have consensual sex under Western Australian law? Hon SUE ELLERY
AnswerView source ↗
I thank the member for the question. It would have been helpful if the member had put the question on notice, but I acknowledge that it is her right not to. The first thing I would say is that it is against the law for anyone under the age of 16 years to have sex. I cannot tell the member whether I accept her proposition that the department says that it is okay for them to have sex. Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY replied: I thank the member for the question. It would have been helpful if the member had put the question on notice, but I acknowledge that it is her right not to. The first thing I would say is that it is against the law for anyone under the age of 16 years to have sex. I cannot tell the member whether I accept her proposition that the department says that it is okay for them to have sex. Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
I thank the member for the question. It would have been helpful if the member had put the question on notice, but I acknowledge that it is her right not to. The first thing I would say is that it is against the law for anyone under the age of 16 years to have sex. I cannot tell the member whether I accept her proposition that the department says that it is okay for them to have sex. Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY replied: I thank the member for the question. It would have been helpful if the member had put the question on notice, but I acknowledge that it is her right not to. The first thing I would say is that it is against the law for anyone under the age of 16 years to have sex. I cannot tell the member whether I accept her proposition that the department says that it is okay for them to have sex. Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
I thank the member for the question. It would have been helpful if the member had put the question on notice, but I acknowledge that it is her right not to. The first thing I would say is that it is against the law for anyone under the age of 16 years to have sex. I cannot tell the member whether I accept her proposition that the department says that it is okay for them to have sex. Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon Robyn McSweeney : They said that it was consensual sex. Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY : I am not sure that they would have said that it was okay, so I cannot - Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon Robyn McSweeney : But there is no - Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
Hon SUE ELLERY : Does the member want me to answer the question? I cannot accept that they would have said that; I would need to check whether they have said that. As to whether I think it is a satisfactory set of circumstances, no, of course I do not, because it is against the law. I also think it is against the law because of people’s maturity. As to whether that means it does not occur, clearly it does.
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