Sexual intercourse: the penetration of the vagina or anus of any person with any part of the body of another person, or any object. It is also the insertion of the penis into the mouth of another person and cunnilingus
Consent: when a person freely and voluntarily agrees to sexual intercourse. If you are convinced/too frightened to respond it is not free will.
Positive consent means that:
- there is a free agreement between all parties involved, with no coercion, force or intimidation of any kind; and
- an individual will actively display his/her willingness to participate and consent to sexual activity. Consequently:
- submitting to sexual activity, or not actively saying “no”, is not enough to demonstrate consent; and
- the consent of the other party in a sexual encounter should never be assumed, and should be actively sought after and affirmed.
Sexual Assault (rape): the forced penetration of the vagina or anus of any person with any part of the body of another person, or any object, against their will or consent. It also includes oral sex.
Sexual Harassment: the making of unwanted sexual advances or obscene remarks. It includes:
- unwanted touching
- staring or perving
- suggestive comments or jokes
- unwanted invitations or requests for sex
- sexually intrusive question
- offensive emails or having to look at sexually explicit material.
There are two parts to Sexual Harassment:
- it must be unwelcome sexual behaviour; and
- it is reasonable that you would feel offended, humiliated or intimidated by the behaviour.
Indecent assault: the touching (or the threat to to touch) a person’s body in a sexual manner without consent by another person. For example it can include unwanted touching of a person’s breast, bottom or genitals.
You cannot consent if you are:
- asleep or unconscious
- significantly intoxicated or affected by drugs
- unable to understand what they are consenting to due to their age or intellectual capacity
- intimidated, coerced or threatened
- unlawfully detained or held against their will
- they submit due to the person being in a position of trust.
Sexual assault is a crime. Sexual assault is not the victim’s fault.
- It is not your job to prove the crime was committed. Chances are, if he/she has done it to you, it has happened before.
- The majority of these crimes are committed by people who are known by the victim
- A rapist will attempt to commit the act by taking the victim to an isolated place, you are safer in a crowded place with your friends
- The rapist will act friendly before trying to take you to a secluded place. A lot of victims say “But she/he was so nice”. Of course they were, you won’t go to an isolated place with an asshole
If you ever find yourself in a position where you are about to get raped ACT FRIENDLY AGAIN AND GO ALONG WITH IT. Tell him/her that you need that you don’t want to “do it here” or “do it right now”. Tell him/her you need to go to the bathroom first or just pick up a few things. People who have used this reported that the rapist will act less aggressive and back off. When he/she backs off RUN. Go back into a crowded place, go to your friends.
If proven guilty of sexual assault, the prosecuted can face up to 14 years in prison.
If proven guilty of indecent assault, the prosecuted can face up to 8 years in prison.
Aifs.gov.au. 2013. Sexual assault laws in Australia - ACSSA Resource Sheet - Australian Centre for the Study of Sexual Assault. [online] Available at: http://www.aifs.gov.au/acssa/pubs/sheets/rs1/ [Accessed: 9 Dec 2013].
Aifs.gov.au. 2013. The nature and extent of sexual assault and abuse in Australia - ACSSA Resource Sheet, 2012 - Australian Centre for the Study of Sexual Assault. [online] Available at: http://www.aifs.gov.au/acssa/pubs/sheets/rs5/ [Accessed: 9 Dec 2013].
Legalaid.nsw.gov.au. 2013. Sexual harassment, vilification and victimisation - Legal Aid NSW. [online] Available at: http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/discrimination-toolkit/discimination-basics/sexual-harassment-vilification-and-victimisation [Accessed: 9 Dec 2013].
Unknown. 2013. [online] Available at: http://www.sexualassault.nsw.gov.au/VOSA/sexual_assault_victims.html [Accessed: 9 Dec 2013].