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outside AUS 612 6127 1759
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outside AUS 61 429 600 800
If sex occurs without consent, or if consent is withdrawn, any sex which occurs after that point is sexual assault and could potentially result in a criminal conviction or disciplinary action.
Actively seeking confirmation, without force or coercion, is required to ensure both parties are consenting. You should be aware of the current state of the other person (i.e. are they intoxicated, asleep or affected by drugs) to ensure that their consent is not only actively, but knowingly, given. Submission does not equate to consent.
Consent requires 'free agreement'. A person cannot be said to freely agree where they:
A commonly used defence for sexual assault is that the victim had a varied sex life and had had sex in the past many times with many people, leading to the assumption that s/he had consented to have sex with the offender. Another common defence is that the victim had had consensual sex with the offender in the past, and therefore any future sex is assumed to be consensual.
These beliefs are absolutely incorrect.