Does anyone know what the legal age to have sex in australia is?

Hypothetical question if you are at legal age to have sex and someone come into your room uninvited and does things to you but you are to afraid to say anything to them is that considered consent?

Generally 16, but 17 is a few places.
https://aifs.gov.au/cfca/publications/age-consent-laws

for the rest of your question, that would be considered rape.

Yes, it is rape, and age does not matter

No, that is not considered consent. It is rape, pure and simple.

Being too afraid to say no doesn't mean you said yes. This person didn't ask if it was OK, they didn't ask if you wanted to have sex. They snuck into your room and did what they wanted without your consent. That's rape.

I'm guessing this really isn't "hypothetical" and really happened. In which case the authorities need to be called on the individual that did it.

So if I'm under the legal age and they are way over then that's illegal right?

Yes it is illegal, and immoral, and you should certainly let a trusted, responsible adult know what this someone is doing so they can HELP you. Saying nothing is NOT an option, saying NO to them is the way to go. Do both, say NO, and tell a responsible trusted adult like your mom.

Now you KNOW what to do...questions?

Question I live with my sister parents not around, this person said if I don't do what he says and I report it then they will remove me from her care. Would that happen?

Does this person live with you and your sister?

No he doesn't live with us just comes over

No, you won’t be removed from your sister unless she continues to let him come over.

It's very important your sister know what kind of person she is dating and allowing in her home to molest you. He counts on your fear of him to keep his pedophile behavior a secret, so he can keep doing it. He will ruin both your lives. She may well be in shock and disbelief, and angry as well, not so much you, but herself for being fooled, and him for being a predator. You need to understand that and be prepared, because you really do need to tell her. I am pretty sure you don't want to stay where you are not safe and protected, anyway right? I expect big sis to do the right thing by little sis, and I think she will.

It's not my sisters husband its his brother. It's very hard for me to find the words to say anything to her. I can't even imagine how she would react or her husband. He said they would never believe me over him. What if he's right. My thought was to just threaten him with the police being under age and all.

"So and so keeps coming in my room and messing with me, and told me no one would believe me if I told on him". Or scream your lungs out next time he comes in your room. Or ask your sister for a lock for your door so that so and so cannot sneak in because he touches you.

I know it's not an easy thing to do, but it will never stop unless you find the words and courage to speak up for yourself.

He was right they didn't believe me. He must have known I was goinv to say something and told them some story, my sister gave me a big speech about making up lies about people because I'm angry at them. But one bonus my sister did put a lock on my door. Problem solved, it works he tried to come in last night and couldn't. Thank you for the answers very helpful

I am glad you made some progress that worked for you. If nothing else you have made everyone aware of the situation and they did act. Glad there was no anger. Glad he knows you are not afraid of him, nor will be his helpless victim. Be proud of yourself as we are, and eventually, so shall your sister. No doubt she is watching even after the lecture.

Stay alert and take care of yourself.

If you don't consent it is considered rape in America