Understanding consent
Want to brush up on your consent knowledge?
Sexual consent is defined as a free, voluntary and informed agreement between people to participate in a sexual act.
A sexual act can mean sexual intercourse, but it also means any sexual activity. This includes oral sex, touching the breast or genital area and sharing sexual images.
The 5 core concepts of consent
There are 5 core concepts of consent to sex that must be met. All people must give consent that is:
- free and not forced
- clear about what will happen
- shown in words or actions
- ongoing and shared
- from someone who is able to say yes.
These 5 core concepts are designed to create a shared social understanding of consent. They reflect parts of the legal definition of consent in the ACT consent laws, but there are other parts of the law which need to be considered.
Read more at: Consent law in the ACT
1. Free and not forced
The person must want to say yes. It is not consent if they:
- are forced, tricked or scared
- feel like they have to say yes.
Someone who has power over another person may not be able get their consent for sex. This means people like a boss, teacher or carer.
2. Clear about what will happen
Saying yes to one thing does not mean saying yes to everything. Everyone must know what they are agreeing to, including:
- what will happen
- how it will happen, such as using protection or contraception
- what might happen as a result.
3. Shown in words or actions
Everyone must say or do something to show they agree. You cannot assume someone agrees just because they:
- stay quiet
- freeze up or go still
- don’t say no or try to stop it.
4. Ongoing and shared
Consent is not a one-time thing. Agreeing to sex in the past doesn’t mean someone agrees in the future. Anyone can change their mind or say stop – even partway through.
5. Someone who is able to say yes
A person cannot give consent if they:
- are too young
- have drunk too much or taken drugs
- are asleep or passed out.
Consent framework
There is an Australian consent framework to support the 5 core concepts of consent. The framework aims to create a wider community understanding of consent.
The framework does not provide a legal definition of consent. It aims to create a shared social understanding of consent, to promote respectful sexual relationships and prevent harm.
You can read more in the Commonwealth consent policy framework.