Difference between revisions of "Consent laws in Australia"

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== New South Wales ==
<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
 
(ii) regardless of the person’s gender or sex, or
+
(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>
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(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>
 
  +
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.
  +
(3) Sexual activity that occurs after consent has been withdrawn occurs without consent.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.
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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>
  +
  +
== References ==
   
 
[[Category: Australia]]
 
[[Category: Australia]]

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]

References