In Australia, each state and territory has its own laws on sexual consent. Healthdirect notes that the age of consent is 16 across most of the country, and 17 in Tasmania and South Australia.
Because the legal details vary from place to place, this guide focuses on what consent means day to day. Drawing on healthdirect's page on sexual assault and rape and Victoria's Better Health Channel, this guide explains what consent is, how to recognise it and where to get support.
Quick answer: Consent means knowingly and freely agreeing to sexual activity, every time. Healthdirect says a person can't consent if they are asleep, unconscious, intoxicated, threatened, scared or unable to understand what's happening. Anyone can withdraw consent at any time, even mid-activity, and both people must then stop straight away.
What counts as consent in Australia?
Consent is a free, informed agreement to a sexual activity, given without pressure, force, threats or coercion. The Better Health Channel page on sexual decision making says it must be sought every time, whatever the activity, including before kissing, intercourse or sending a nude image. Healthdirect adds that being in a relationship doesn't remove the need to ask.
How do you know if someone is consenting?
The clearest way is to ask in words and listen to the answer. Better Health Channel advises treating anything other than a clear and enthusiastic "yes" as a "no". Body language, sounds, eye contact and how someone responds to you can also signal consent, though more than one signal may be needed. If a partner says yes but looks uncomfortable, that isn't consent: pause and check in again.
When is consent not present?
Consent is missing whenever someone is not genuinely free or able to agree. Better Health Channel lists situations where a person:
- is under the age of consent;
- was tricked or forced;
- was pressured by someone abusing a position of power;
- was too affected by alcohol or other drugs;
- did not know a condom had been damaged or removed, sometimes called "stealthing".
It also explains that affirmative consent laws mean people engaging in sexual activity must take steps to seek consent, and that age of consent laws vary between states. Check the rules where you live if you need the legal detail.
Does consent apply to sharing intimate images?
Yes. According to Better Health Channel, sharing a sexual image of someone without their consent is image-based abuse, which can be reported to police or to the eSafety Commissioner. People under 18 cannot consent to their sexual image being forwarded or published.
Where to get help
If you have been sexually assaulted, healthdirect stresses that it is never your fault, whatever you were wearing, wherever you were and whether or not you had been drinking. You can get medical care at an emergency department, a general practice or a sexual health clinic. Physical evidence is best collected within 72 hours, but there is no time limit on seeking help. Support lines include:
- 000 in an emergency or if you feel unsafe;
- 1800RESPECT: 1800 737 732, 24 hours a day by phone or online chat;
- Full Stop Australia: 1800 385 578;
- healthdirect: 1800 022 222 for 24-hour health advice;
- state services such as the NSW Sexual Violence Helpline (1800 424 017), Victoria's Sexual Assault Crisis Line (1800 806 292) and Queensland's Sexual Assault Helpline (1800 010 120).
For a wider look at respect and care in your sex life, read our guide to an ethical sex life.
Frequently asked questions
Do you need consent if you're in a relationship?
Yes, every time. Healthdirect says that even if you are in a relationship, your partner still needs your consent for sexual activity, and they need it on each occasion. A previous yes does not carry over to the next time, and agreeing to one activity does not mean agreeing to another.
Can I stop partway through sex?
Yes. Healthdirect explains that you can withdraw consent at any time, even after sexual activity has started, and both people must stop straight away. Better Health Channel adds that all parties need to keep consenting throughout. Changing your mind is always allowed, whatever happened earlier.
Do I have to report a sexual assault to police?
No. Healthdirect says only you decide whether to report, and you can do so at any time, even years later. You can also make a report without wanting an investigation, which creates a record you can use later. Medical care and support services are available whether or not you go to the police.
Is it my fault if I had been drinking?
No. Healthdirect is clear that sexual assault is never the fault of the person assaulted, regardless of what they were wearing, where they were or whether they had been drinking. Both healthdirect and Better Health Channel also point out that someone too affected by alcohol cannot give consent.
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This information is general in nature and is not legal or medical advice. If you are in immediate danger, call 000.
