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Consent and free agreement to sex
Victorian affirmative consent laws
The Victorian government has introduced new reforms that provide key changes to consent laws under the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022. These legislative reforms were made in response to the Victorian Law Reform Commission report, Improving the Justice System Response to Sexual Offences, and decades of campaigning from advocates.
The reforms aim to place a greater focus on the actions of persons using sexual violence to seek consent, rather than just on what victim survivors did or did not say or do.
You can read more below about how the law is changing and how you can start to have conversations with family, friends and others in your community at www.sasvic.org.au/consent
Helping young people understand consent and free agreement
Sexual assault is the umbrella term for a wide range of harmful and criminal behaviours, including:
- rape
- sexual harassment
- indecent assault
- child sexual assault
- exposing of genitals such as ‘flashing’
- stalking
- watching someone without their permission when they are naked or engaged in sexual activities
- forcing or coercing someone to watch or participate in pornography
- posting sexual images of someone on the Internet without their consent
- stealthing
Remember:
- Consent means free and voluntary agreement- it’s a shared understanding between both people
- Checking for consent is always your responsibility
- Anyone can take back consent at any time – no matter how far they’ve gone
- Sexual perpetration without consent is rape – it’s a serious crime
- Sexual assault covers other sexual acts without consent – it’s a serious crime
- A person cannot consent to sex if they’re outside the age of consent, asleep, unconscious or so affected by drugs or alcohol they have no way of freely agreeing
- The essentials for healthy relationships are consent, respect and communication.
Further Information
Why Young People Really, really Need To Think About Consent At Schoolies
Legal Aid Victoria Sex and Consent Wallet Card
Legal Aid Victoria Age of Consent Wallet Card
