Barely Legal

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Ahhhh, good old Schoolies Week is back, yet again. The time when freshly-minted graduates from schools across Australia descend in their droves upon the glittering Gold Coast, to party hard,  go wild, get a little bit frisky and sometimes too drunk, and generally cut loose like there ain’t no tomorrow.

With that rush of manic intent, it’s no surprise the so-called Toolies, Foolies, other questionable characters and hangers-on are keen to join in the festivities. It’s equally unsurprising that many such characters have recently drawn a torrent of harsh backlash online for attaching themselves to our young, boisterous, and often vulnerable young school leavers.  

In posts on TikTok and other social media platforms, an adult content creator from the UK, and another from Australia have encouraged, in their own words, ‘barely legal 18-year-olds’ attending Schoolies to film adult content with them on OnlyFans. And it’s not the first time it’s happened – the UK content creator actually put out the call last year as well, and claims both she and the students “thoroughly enjoyed the experience”.

But this year she outdid her earlier efforts by gloating she slept with a whopping 122 ‘barely legal’ college boys in Cancun, Mexico, making at least 190,000 pounds for her exploits, and inviting University Students in the UK during “Fresher’s Week” to pay her a visit. Videos of boys lining up outside her hotel room went viral.

The TikTokker claims in her videos she has been “railed” by 335 people this year, with the ultimate target number being a whopping 600, and confidently notes she has “so many applicants…I’m going to reach my goal”. She further informs her readers she attended Schoolies because the “teen category” in the adult industry has always been the “most popular” and “from a business point of view I like to capitalise on that”.

The resultant online backlash by outraged parents was nothing short of predictable. But the UK content creator counters that parents should be thanking her for “educating the younger generation on safe sex, consent and allowing them to understand their bodies and those they’re sleeping with”. She helpfully assures there is a vetting process for all applicants, requiring them to provide ID to prove they are 18, and consent forms to sign, adding that “I receive backlash for sleeping with barely legal 18-year-olds, but the key word in that sentence is ‘legal’”.

So, is she right? Is everything she is doing all above board?

The Queensland Criminal Code states that any person who unlawfully and indecently deals with a child under the age of 16 years is guilty of an indictable offence. Given most kids are between 17 – 18 years at the time they hit Schoolies Week, she may be on pretty safe ground. But, as noted above, the equation can also include so-called ‘Foolies’, who are students too young to be a school leaver, but who attend and join in the festivities anyway. At a time where a good chunk of the Gold Coast’s juvenile population will be rip-roaring drunk, it’s not hard to imagine a Foolie or two slipping through the cracks, despite the UK content creators careful ‘vetting’. Other contingencies worth thinking about include those precocious prodigies who have been accelerated through their school years and graduate younger, but still old enough and smart enough to fake an ID.

It doesn’t end there. If any content creators start to market these types of campaigns in the year leading up to Schoolies Week, carpet bombing eager young students on socials and the OnlyFans platform, it can hardly be much of a stretch to conclude a few hormonal younger aspirants – perhaps in Grade 11, or even 10, between the ages of 15 and 17- may take in some of the content, leaving them gleefully rubbing their hands together, waiting oh-so-patiently for their turn. This is where content creators could run into some serious problems. Because, under the Criminal Code, an adult who engages in conduct in relation to a child (a person under 16 years), with intent to facilitate the procurement of the child to engage in a sexual act, commits a crime, and could face up to 5 years imprisonment. Likewise, any adult who uses electronic communication with intent to procure a person under the age of 16 years to engage in a sexual act commits a crime that carries up to 10 years imprisonment. And of course, like plutonium, the Internet is forever. The crazy exploits of our young Australians, once plastered all over the internet, are almost impossible to make disappear. They live on in perpetuity as a permanent reminder of the crazy choices of our callow youth, a sort of embarrassing skeleton in the closet, except without the closet.

Heidi Le Masurier

Gold Coast Lawyer

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