There must be consent every single time you engage in sexual activity. Consent can never be assumed, otherwise it may be considered an offence.
In Victoria, the age of consent is 16 years old. A child cannot give consent, and any sexual activity is automatically considered abuse.
You can change your mind and withdraw your consent at any time.
What consent looks like
Consent is an agreement between participants to take part in sexual activity. It should happen every time for every type of sexual activity.
Consent requires ongoing communication. It requires everyone involved to agree to engage in that activity.
If consent has not been given, this can be very serious and may be considered a criminal offence.
Consent laws
In Victoria, the age of consent is 16 years old.
By law, you must follow the affirmative consent model before engaging in, and during, sexual activity.
Affirmative consent means that the people involved must actively ask that they have consent from each other. Their response can be in the form of saying "yes", or nodding. Consent cannot be assumed.
This includes situations where a person has consented to the same or different sexual act with the same or different person before.
In Victoria, all parties must freely agree to a sexual act for there to be consent.
Learn more about affirmative consent at Respect Victoria.
Who cannot give consent
Consent cannot be given by anyone who is:
- underage (under 16 years of age)
- intoxicated or incapacitated by drugs or alcohol
- asleep or unconscious
- being forced or have a fear of force or harm, including:
- economic
- financial
- reputational
- psychological harms
- harms to family, cultural and community relationships
- harm to the person’s employment and sexual harassment
- unable to understand the sexual nature of what is happening
- shown false or misleading representation that they will be paid for commercial sexual services
- being coerced or intimidated
- pressured due to a relationship of authority or trust
- held against their will
- mistaken about the identity of the other person
- led to believe it is for a medical or hygienic purpose
- told a condom will be used which is then removed or tampered with, or the person who was to use the condom does not use it (stealthing)
- consenting initially to the act and later withdrawing consent to the act taking place or continuing.
In some cases, some older Victorians or people living with a disability may also not be able to consent.
Consent and sharing intimate images and content
Always think carefully before sharing intimate or explicit images of yourself. Even if you are in a relationship with the person you are sending the image to, remember that digital images can be used against you.
Sharing images should only occur between people who:
- consent, and
- are both over 18 years of age.
Remember that once you send digital images/videos, they are no longer private. Once sent, you are no longer in control of what happens to them.
Sharing and permissions
If you share an intimate image or video of yourself with someone, it doesn't give them permission to share it with anyone else or to show it to other people.
Image-based sexual offending
Image-based sexual offending involves someone producing, sharing or threatening to share an intimate photo or video of a person without their consent.
Learn more about image-based sexual offending.
Support services
If you need support, you can contact:
Police services
If you are unsure about consent and want to learn more, you can contact your local police station(opens in a new window).
You can then ask to speak to someone from the Sexual Offences and Child Abuse Investigation Team (SOCIT).
Report a sexual offence
Report a recent or historical (past) sexual offence to Victoria Police on our Report a sexual offence page.
Report child abuse
Report a recent or historical (past) case of child abuse to Victoria Police on our Report child abuse page.
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