A person consents if they agree by choice and have the freedom and capacity to make that choice. Consent must be freely agreed and positively communicated either by words or by conduct or a combination of the two.
Sexual assault is defined by a range of behaviours, all of which are unacceptable and constitute a crime. Sexual assault can be, but is not limited to, when a person is forced, coerced or tricked into sexual acts without their consent, or against their will, including when they have withdrawn their consent.
While the definition of sexual harassment varies across Australian (and other) jurisdictions, it generally involves an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which, in the circumstances, a reasonable person, aware of those circumstances, would anticipate the possibility that the person would feel offended, humiliated, or intimidated. Here are some examples:
- Sexually explicit comments, gestures, jokes, staring or leering that make you feel intimidated or offended.
- Unwelcome contact such as touching, hugging, kissing, cornering or any inappropriate physical contact.
- Requests for sex, repeated or unwelcome invitations to go out on dates or requests for other sexual acts that make you feel offended.
- Inappropriate display of the body or indecent exposure & showing sexually explicit pictures, posters or gifts that make you feel offended
- Sexually explicit emails, SMS messages, or other forms of messaging on a social media or cyber platform.
- Inappropriate or repeated advancements via email, social networking websites, or any other online forum.
- Inappropriate commentary on social media, or any other online forums relating to images or film
- Other unwelcome conduct of a sexual nature that occurred online