Why we need to talk about sexual consent

October is Sexual Violence Awareness Month and every year, Centacare works with local communities to support sexual assault prevention and those impacted by sexual violence.

With almost one in four women in Queensland having experienced sexual violence since the age of 15, the State Government has passed new laws about sexual consent.

The new laws introduce the affirmative model of consent, which requires free and voluntary agreement to participate in a sexual activity where consent is mutually agreed. These new laws commenced from 23 September 2024 and will apply to conduct that occurs after this date.

Centacare Area Manager Patricia Gorman leads Centacare’s sexual assault service in Kingaroy, west of Brisbane. The service provides a safe and supportive space for those impacted by sexual violence.

“Any sexual activity without consent is sexual violence,” said Ms Gorman. “Consent is an ongoing conversation throughout a sexual experience. Talking about consent is key to healthy and positive sexual experiences and it is how we continue to make others feel safe and respected.

“These reforms will support the prevention of sexual violence by clarifying misunderstood sexual behaviours and drive change in the way offences are prosecuted and defended in the justice system.”

What is affirmative consent?

Consent must be mutually agreed – that means anyone involved has to say or do something to ask for consent, and that must be communicated back. Affirmative consent means:

  • You can’t assume someone is consenting just because they don’t say no – consent must be communicated through words and/or conduct, for example, through clear body language.
  • When the sexual activity changes, you must get consent for the new activity. You should not assume consent because a person has agreed in the past or has agreed to a different sexual activity.
  • You can’t assume someone is consenting just because they haven’t said ‘no’. If it’s not clear that someone has communicated consent, you must say or do something to check.
  • Consent is free and voluntary. Anyone involved genuinely wants to engage in the sexual activity. Forcing or pressuring someone into a sexual activity through intimidation, threats, control or abuse of power is not consensual.

Who can give consent?

In Queensland, people aged 16 and over can legally consent.

Everyone must have capacity to consent. Where a person is intoxicated or has an impairment, this may affect their ability to consent. If you’re unsure, stop. If a person is asleep or unconscious, they cannot consent.

When should you ask for consent?

Consent is an important part of all sexual experiences and all kinds of sexual intimacy including touching someone’s body, kissing and taking or sharing intimate photos.

What people like or don’t like can be very different to what you like or dislike. That’s why consent is all about communication and talking about you and your partner’/s’ likes, dislikes and boundaries.

Everyone can change their mind

At any point during a sexual activity, everyone can withdraw consent. Even if they’ve said yes at the beginning or in the past, they can say ‘no’ or show they are no longer consenting at any time. If someone decides that they’ve changed their mind, even if you want to keep going, you must stop and respect their choice. Being supportive when someone withdraws their consent is how you create a safe and positive environment.

If you have experienced sexual violence, support is available

If you have experienced sexual violence, it is important to remember that it is not your fault.

Centacare Family and Relationship Services Kingaroy offers a safe and supportive space for those impacted by sexual violence. We can help you develop strategies to manage the impact of violence on your life.

1800RESPECT offers a confidential information, counselling and support service for people impacted by sexual assault, domestic or family violence and abuse. The service is available 24 hours a day, 7 days a week.