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Sexual Assault Crisis Line

Sexual Assault/Sexual Harm

Sexual assault is a serious crime in Victoria and is never the fault of the victim survivor. Support and information are available for anyone who has experienced or been affected by sexual harm.

What is Sexual Assault?

Sexual assault is a broad term used to describe any sexual activity or attempt at sexual activity that occurs without a person’s free and voluntary consent.

Under Victorian law, sexual assault is a criminal offence that involves any intentional sexual touching of another person without their consent, or where the person doing the touching does not reasonably believe the other person freely agreed to it. It is a serious offence under section 40 of the Crimes Act 1958 (Vic) and can carry significant penalties.

Sexual assault is never the fault or responsibility of the victim survivor.

Consent and Affirmative Consent

"Consent" means agreeing to something, freely and clearly. It must be given without pressure, fear, or force.

Under law, you cannot consent if:

  • A person does not say or do anything to show that they are giving consent
  • There is force, fear, harm, threat or coercion of any kind
  • You are asleep, unconscious, or heavily affected by alcohol and other drugs
  • There is non-consensual non-use, removal, or tampering of a condom ("stealthing")
  • A person does not understand or is mistaken about the nature of the sexual act
  • The person is mistaken about the identity of any other person involved in the act.

 

Affirmative Consent

Victoria has an affirmative consent law. This means that every person involved in sexual activity has a responsibility to check that the other person or people are freely and voluntarily agreeing.

Consent cannot be assumed, and it is not enough to believe someone is consenting because they did not say “no”, did not resist, or if they have consented in the past.

Consent is not a one-time question. It involves ongoing communication and shared decision-making.

If you are unsure about how these laws apply to your situation, or if something has happened that did not feel right to you, you are welcome to contact SACL.

 

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The Royal Women’s Hospital acknowledges and pays respect to the Wurundjeri (Wer-run-djeri) people of the Kulin Nation, the Traditional Custodians of the Country on which our site stands and we pay our respects to their Elders past and present. The Women’s is committed to improving health equity for Aboriginal and Torres Strait Islander women, children and families and we recognise the fundamental significance of cultural traditions, beliefs, and connection to Country for the health and wellbeing of Aboriginal and Torres Strait Islander peoples. We acknowledge the importance of kinship and family structures as a cohesive Aboriginal and Torres Strait Islander peoples and we recognise their cultures, community connection, and self-determination as critical protective factors for wellbeing.