What is sexual assault?

What is sexual assault?

Sexual Assault is any unwanted behaviour of a sexual nature that makes a person feel uncomfortable, frightened, or threatened. It can occur when a person is forced, tricked, or coerced into sexual behaviour without agreeing to it.

Sexual assault includes inappropriate touching or kissing of a person's body, even through clothes (indecent assault), or having sex with someone without their consent (rape).

Rape typically refers to sexual intercourse with another person without their consent. It involves penetration of a person's vagina, genitalia, anus or mouth by a penis, other body part, or an object.

Sexual assault can also involve exposing another person to sexual behaviour without their consent, such as masturbating in front of them or forcing the person to watch pornography.

It is a crime to use threats or intimidation to force another person to have sexual Intercourse.

It is a crime to have sexual intercourse with a person under the age of 17 or to involve them in any sexual act.

Sexual assault can occur to anyone. All ages, genders, and backgrounds.

What is consent?

Consent means that a person freely agrees to the sexual activity.

Someone does NOT consent if they do not say or do anything to communicate consent.

There are some situations where, even if the person says “yes”, they cannot consent. These include if;

• they under the influence of drugs or alcohol,
• they have a serious mental or intellectual disability which affects their ability to understand what is happening,
• they are forced, threatened, or kept against their will,
• they are coerced,
• they are confused about the act or who the person was.

A person cannot consent to sexual activity if they are under 17, unless the similar age defence applies. This is where two young people have sex or do a sexual act together and they both consent , and

• both are over 15 years old and the age gap between them is not more than 5 years, or
• both are over 12 years old, and the age gap is not more than 3 years. If you have been sexually assaulted it is never your fault.

If you have been sexually assaulted it is never your fault.

More information

• Learn about your options if you have been sexually assaulted
• Where to find support
• Download the 'What is Sexual Assault' brochure