FINAL TSTO Lesa Dec 14.pdf - Flipbook - Page 65
The law also says that it is illegal to have a sexual relationship with people under 18 years of
age if you have a relationship of authority with them.This relationship could be as a teacher,
doctor or guardian. It could also be where there is an established personal relationship in the
prevision of religious, sporting, musical or other instructions.
If someone is not able to give consent to sex, regardless of their age, the law says it is a crime.
People who cannot give consent regardless of their age include:
a person who is unconscious, asleep or substantially intoxicated
a person with a psychological or physical condition that impacts on their ability to understand
what they are consenting to.
A person who has a psychological or physical condition that impacts on their ability to
understand what they are consenting to is said to have a cognitive impairment. A cognitive
impairment which means a person can’t consent to sexual activity, includes an intellectual
disability, a developmental disorder or a severe mental illness that results in the person requiring
supervision or social ‘skills development’ (habilitation) in connection with daily life activities.
What is indecent assault?
Indecent assault is where
a person assaults another
person, and commits an act of
indecency on or in the presence
of the other person. The act of
indecency can happen at the
time of, immediately before or
immediately after the assault.
Acts of indecency include
touching, or threatening to
touch, another person’s body
in a sexual manner without the
person’s consent, for example,
unwanted touching of a person’s
breasts or genitals.
Sexual harassment
Sexual harassment includes any sexual actions which make a person feel offended, humiliated
or intimidated. This can include things like unwelcome sexual advances, requests for sexual
favours, sexual jokes, staring, leering and wolf-whistling, as well as actual physical contact
(e.g. unwanted touching). Sexual harassment can happen at school or work, as well as in other
places.
What is sexual assault?
Sexual assault is where a person has sexual intercourse with another person without the
consent of the other person and in the knowledge that the other person does not consent.
There is no consent if the person committing the act is reckless as to whether the other
person consents. This means that the person committing the act doesn’t care if the other
person consents or has no reasonable grounds for believing that the other person consents.
Sexual assault goes on a lot
in a subtle way where you’ve
got your 16, 17 year olds, and
they’re dating, and they’ve all
got drunk, and this kind of thing.
Its not necessarily an unknown
predator. It’s like at schoolies’
they’ve got no idea, and there
are older boys, coming in. It’s...
an issue.
— Parent of 18 year old girl and
15 year old boy
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