CAS
Consent
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Sexual consent is a free, voluntary and informed agreement between people to participate in a sexual act.
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This agreement is only present when these people are the legal age of consent, and mutually and genuinely want to engage in that sexual act, and actively ensure the other person does too.
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Sexual consent does not just apply to sexual intercourse. It relates to all sexual activities, including:
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touching someone in a sexual way
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sharing sexual images
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online sexual activities.
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It doesn’t matter if you’re in a relationship or not. There must be consent to engage in sexual activity that is free from violence, pressure and control.
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There are different laws about consent depending on your age, the age of the person you are communicating with and which state or territory in Australia you live in. Find more information here.
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If you or someone you know has experienced sexual violence, you can call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit our website for online chat and video call services:
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Available 24/7: Call, text or online chat
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Mon-Fri, 9am-5pm AEST (except national public holidays): Video call (no appointment needed)
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1 in 5 women and 1 in 16 men have experienced sexual violence since the age of 15, with most women likely to experience this at the hands of an intimate partner*.
What does it mean to consent?
There are five important things you need to know about consent:
1. Free and voluntary
Consent is always a free choice. There is no consent if any person involved:
- experiences violence
- is forced or pressured to do something
- feels intimidated or threatened or makes you feel too scared to say no. This might be due to a fear that they will:
- hurt or kill you
- hurt, kill or take away your children or pets
- tell other people private or damaging things about you
- share private or damaging information, photos or videos of you on the internet
- feels humiliated
- has something taken away, for example, money, access to medical treatment, care or other crucial support
- is being spied on or tracked
- is being controlled
- tricks you into thinking they are someone else
Consent doesn’t come with conditions. It must be free, genuine and without hesitation.
2. Clear and informed
Consent is when everyone:
- wants to take part in the sexual activity
- understands what that sexual activity is
- understands how the sexual activity will happen
- agrees to each sexual activity.
For example, partners must check about the use of condoms and contraception.
3. Active and communicated
Consent is all about communication. Sexual partners need to actively say or do something to check if their partner wants to take part in a sexual activity.
People can communicate consent by:
- speaking
- showing without words – for example enthusiastic body language, active participation, pulling closer
- writing it down – for example in the case of online sexual activity.
People must check if their sexual partner wants to take part in a sexual activity.
Just because a person doesn’t say ‘no’ doesn’t mean they agree. They must communicate that they agree.
If there are any signs of hesitation or uncertainty, like freezing, it means the person does not consent.
Physical arousal also does not mean there is consent.
There aren’t different levels or degrees of consent. There is either consent or no consent.
4. Ongoing and mutual
Consent is an ongoing and shared process. It’s the responsibility of everyone involved to make sure there is consent at all times.
If one person consents but another doesn’t, then there’s no consent. All people must want to take part in the sexual activity.
A person can change their mind at any time.
5. Able and capable
Everyone involved in a sexual activity needs to be able to consent.
People can’t consent if they are:
- under the age of consent
- drunk, high or heavily affected by drugs or alcohol
- unconscious
- not awake and alert.
Sexual partners need to actively say or do something to check if their partner is capable and wants to take part in a sexual activity.
When sex or sexual activity with consent is never okay
There are some situations where it is never okay for someone to do sexual things with you, even if you consent.
This happens if the other person holds a position of authority and trust over you.
Authority means they have the power to tell you what to do. Trust means that you feel you are safe with them and that they will protect you. Relationships of authority and control can be between:
- anyone and a child. It is against the law to do anything sexual with a child
- school students and their teachers
- employers and employees
- professional health workers and their patients
- carers or support workers and their clients.
Consent Can’t Wait
The Australian Government has released a campaign to help Australians become more comfortable and confident talking about consent.
You can visit consent.gov.au to see common questions other people have about consent and find out the answers. There are conversations guides, misconceptions cards and a question generator.
There are also resources for First Nations communities, translated resources and Easy Read resources available.
The Commonwealth Consent Policy Framework
The Australian Government has developed a framework to support any organisation working to prevent sexual violence, to promote healthy sexual relationships and sexual consent to young people.
The Commonwealth Consent Policy Framework: Promoting healthy sexual relationships and consent among young people is designed for governments, education providers, communities, workplaces, sports clubs, media, health and disability providers, caring facilities, religious organisations, public services and the justice system.
*Source: Personal Safety Survey, (2021–22) Australian Bureau of Statistics.
