Difference between revisions of "Consent laws in Australia"

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== New South Wales ==
   
 
Sections 61HB(2)(a) and 61HC(2)(a)
 
Sections 61HB(2)(a) and 61HC(2)(a)

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(3) Sexual activity that occurs after consent has been withdrawn occurs without consent.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]

References