Consent laws in Australia
Revision as of 08:32, 6 July 2022 by Robert Brockway (talk | contribs) (Robert Brockway moved page Consent laws in New South Wales to Consent laws in Australia)
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 (3) Sexual activity that occurs after consent has been withdrawn occurs without consent.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]