There has been a lot of talk lately around the word consent. In NSW, the law around consent changed in June 2022. This makes it clearer that during any sort of sexual activity, the people involved need to seek out and receive a yes or an action showing consent. According to the law, this now means that you can’t assume someone is consenting because they don’t say no. Silence is not consent.
Here are the top 5 things you need to know about sexual consent:
- CLEAR: consent can be given verbally and through body language. It’s important to get a clear ‘yes’ from your partner for sexual activity. Non-verbal clues for a ‘no’ can include your hands being pushed away or your partner not reciprocating, becoming quiet or distracted.
- BEFORE: asking for consent must take place before any sexual activity and it’s important to talk about what you want to do. Everyone involved in the sexual activity should feel comfortable.
- ONGOING: consent can be given and then taken away at any time during sexual activity. This means your partner might be comfortable at one stage of your sexual encounter but might decide at any time that they are no longer comfortable with what is happening. When your partner communicates this, either verbally or through non-verbal cues such as pulling away, you must stop what you are doing. Check in with your partner frequently throughout all sexual activity to ensure they are always comfortable and having fun.
- COHERENT: you and your partner must be capable of giving consent. This means that if you or your partner are affected by drugs or alcohol, they cannot give consent.
- VOLUNTARY: consent should be given freely and willingly. Any sexual activity that occurs because of fear, guilt or pressure is called sexual assault.
Unsure about how to talk with your partner about this stuff? Have a look here (link to how to talk consent with your partner)
Don’t live in NSW? Find out about the consent laws in your state here: https://yla.org.au/
For more information:
Listen to this podcast or read this article
For someone to talk to confidentially:
Family Planning Australia Talkline 1300 658 886
Kids Help Line – 1800 551 800 (available 24 hours)
Lifeline Australia – 13 11 14 (available 24 hours)
Mensline Australia – Men and Boys support 1300 78 99 78 (available 24 hours)
NSW Rape Crisis Centre – Sexual assault support 1800 424 017 (available 24 hours)
