Consent laws in Australia
Revision as of 11:32, 7 January 2022 by Robert Brockway (talk | contribs)
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 (3) Sexual activity that occurs after consent has been withdrawn occurs without consent.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]