Difference between revisions of "Consent laws in Australia"
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(Created page with " <blockquote> Sections 61HB(2)(a) and 61HC(2)(a) Omit “or anal area or (in the case of a female person, or transgender or intersex person identifying as female) the person...") |
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| + | == New South Wales == |
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| − | <blockquote> |
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| − | Sections 61HB(2)(a) and 61HC(2)(a) |
+ | Sections 61HB(2)(a) and 61HC(2)(a) |
| − | Omit “or anal area or (in the case of a female person, or transgender or intersex person |
+ | Omit “or anal area or (in the case of a female person, or transgender or intersex person |
| − | identifying as female) the person’s breasts, whether or not the breasts are sexually |
+ | identifying as female) the person’s breasts, whether or not the breasts are sexually |
| − | developed, or” wherever occurring. |
+ | developed, or” wherever occurring. |
| − | Insert instead— |
+ | Insert instead— |
| − | , anal area or breasts— |
+ | , anal area or breasts— |
| − | (i) whether or not the breasts are sexually developed, and |
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| − | ( |
+ | (i) whether or not the breasts are sexually developed, and |
| − | <ref>https://www.parliament.nsw.gov.au/bill/files/3906/First%20Print.pdf#page=10</ref> |
+ | (ii) regardless of the person’s gender or sex, or<ref>https://www.parliament.nsw.gov.au/bill/files/3906/First%20Print.pdf#page=10</ref> |
| + | |||
| − | </blockquote> |
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| + | This change turn the breasts of all persons in to sexual body parts, not just the breasts of non-men. |
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| + | |||
| + | 61HI Consent generally |
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| + | (1) A person consents to a sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity. |
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| + | (2) A person may, by words or conduct, withdraw consent to a sexual activity at any time. |
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| + | (3) Sexual activity that occurs after consent has been withdrawn occurs without consent. |
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| + | (4) A person who does not offer physical or verbal resistance to a sexual activity is not, by reason only of that fact, to be taken to consent to the sexual activity. |
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| + | (5) A person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity. |
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| + | Example— A person who consents to a sexual activity using a condom is not, by reason only of that fact, to be taken to consent to a sexual activity without using a condom. |
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| + | (6) A person who consents to a sexual activity with a person on one occasion is not, by reason only of that fact, to be taken to consent to a sexual activity with |
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| + | (a) that person on another occasion, or |
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| + | (b) another person on that or another occasion<ref>https://www.parliament.nsw.gov.au/bill/files/3906/First%20Print.pdf#page=10</ref> |
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| + | |||
| + | == References == |
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[[Category: Australia]] |
[[Category: Australia]] |
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Latest revision as of 08:32, 6 July 2022
New South Wales
Sections 61HB(2)(a) and 61HC(2)(a) Omit “or anal area or (in the case of a female person, or transgender or intersex person identifying as female) the person’s breasts, whether or not the breasts are sexually developed, or” wherever occurring. Insert instead— , anal area or breasts— (i) whether or not the breasts are sexually developed, and (ii) regardless of the person’s gender or sex, or[1]
This change turn the breasts of all persons in to sexual body parts, not just the breasts of non-men.
61HI Consent generally (1) A person consents to a sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity. (2) A person may, by words or conduct, withdraw consent to a sexual activity at any time. (3) Sexual activity that occurs after consent has been withdrawn occurs without consent. (4) A person who does not offer physical or verbal resistance to a sexual activity is not, by reason only of that fact, to be taken to consent to the sexual activity. (5) A person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity. Example— A person who consents to a sexual activity using a condom is not, by reason only of that fact, to be taken to consent to a sexual activity without using a condom. (6) A person who consents to a sexual activity with a person on one occasion is not, by reason only of that fact, to be taken to consent to a sexual activity with (a) that person on another occasion, or (b) another person on that or another occasion[2]