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What is sexual consent?
To give sexual consent is to agree to a sexual act. It must be a free and voluntary agreement, and no one involved in the sexual act should feel forced, coerced, or threatened.
What is affirmative sexual consent?
Affirmative consent means if someone wants to engage in a sexual act with another person, they must actively gain consent, rather than rely on the other person to give their consent. This means if a sexual assault is alleged, the burden of proof of consent is the responsibility of the alleged perpetrator, not the alleged victim survivor.
What are the new affirmative sexual consent laws?
The Victorian government has brought in reforms to provide key changes to consent laws under the Justice Legislation Amendment (Sexual Offences and Other Matters ) Act 2022. The shift to an affirmative consent model places responsibility onto perpetrators of sexual violence rather than victim survivors. The changes include:
- Updated definition of consent
- Affirmative consent model
- Inclusion of stealthing (non-consensual condom removal) as a sexual offence
- Changes to image-based abuse
- Improvements to the justice system to better protect victim survivors
- Including better education and direction for jury members to understand sexual violence
Sexual consent is not given if there is:
- Force, fear, coercion, or harm of any kind
- Abuse of a relationship, authority or trust
- If a condom is not used when it is agreed it will be used
- If a condom is removed or tampered with
Can you withdraw sexual consent?
Yes. Just because someone has given consent doesn't mean they can't change their mind. If someone doesn't feel safe or respected about withdrawing their consent, then that is not consensual sex.
Saying yes to sex does not automatically mean 'yes' to all types of sex, e.g., consenting to vaginal sex doesn’t mean you consent to anal sex. You need to communicate throughout the act and make sure you both give consent.
Where to get more information, support or advice
Know your legal rights:
- Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
- Victorian Legal Aid: Sex and the Law
- Youth Law Australia: What is Consent?
For further support:
