About consent laws in the ACT
Consent laws in the ACT have recently changed.
A clear legal definition of consent has been added to the existing sexual assault laws in the ACT. This is part of The Crimes (Consent) Amendment Bill 2022.
The law states that all parties in all sexual interactions need to ask for consent and give consent, every time. It says that:
- Consent is not to be presumed – you can’t assume someone consents just because they aren’t actively saying no.
- People have a right to choose not to participate in sexual activity.
- Consensual sexual activity involves ongoing communication and making decisions together.
These laws apply to people in the ACT aged 16 or over. This is because the age of consent to sexual intercourse in the ACT is 16. With some very limited exceptions, a person commits an offence if they engage in sex with a young person less than 16. Sexual contact with a person under 10 is a criminal offence.
Read more about the age of consent, and situations where consent is negated, at the Canberra rape crisis centre.
Practising affirmative consent
So what does practicing affirmative consent actually look like?
You need to communicate and make joint decisions with your partner when taking part in a sexual act.
Under the law, consent must be communicated by saying or doing something. Body language can be hard to interpret so it’s always best to ask. Ask a question like:
- 'Is this okay?'
- 'Want to keep going?'
Then listen and respect your partner’s response. That’s all it takes!
Why consent laws are important
When it comes to sex, everyone has a right to feel safe.
Clear and defined consent laws help everyone to know exactly what they need to do. This means less confusion and more protection for everyone involved.
Talking about consent helps to stop any confusion that could happen either:
- because you felt too awkward to check in with a partner
- you were too embarrassed to speak up and ask to stop.
At the end of the day: better communication equals better sex!