Sexual harm and consent
What is sexual harm?
Sexual harm results from behaviour of a sexual nature that causes others to feel uncomfortable, frightened, distressed, intimidated, or injured (either physically or psychologically).
Terms to describe behaviours that cause sexual harm include sexual assault, sexual harassment, sexual abuse and sexual violence. These words have a general meaning and a legal meaning. On this page we use the general meaning of these words.
Sexual harm may be physical, verbal, visual or digital interactions and behaviour of a sexual nature that are non-consensual and unwanted. This harm may be caused by people you know including current or past partners, friends, family, carers, colleagues, housemates, acquaintances, or strangers. It may include things such as:
- Rape (penetration of your body by any part of someone else’s body, or by an object used by someone else)
- Sexual touching including kissing and touching someone under or over their clothing
- Sexual comments or jokes
- Requests for sex
- Leering/staring
- Image-based abuse (non-consensual sharing, or threats of sharing images of a sexual nature)
- Any sexual activity that you were pressured into
- Removal of protection (condoms or dams) during sex (‘stealthing’)
- Sexual activity when you were asleep, unconscious, or affected by drugs and or/alcohol
- People exposing themselves to you
There are other ways you may be sexually harmed. If you feel confused or upset about any activity of a sexual nature, please reach out to our Campus Care team.
What is consent?
Sexual consent is when people freely and voluntarily agree to engage in sexual activity. This includes kissing, touching, oral sex and online behaviour such as sharing images or content of any kind containing nudity or sexual activity.
Consent must be enthusiastic and informed and anyone can change their mind at any time. Informed consent means you understand what you are giving consent to.
People cannot consent if they are:
- Significantly affected by drugs or alcohol
- Manipulated, threatened, tricked or coerced into consenting
- Unconscious or asleep
Even if you are in a relationship with someone or married to them, they still need your consent to have sex or engage in sexual activity with you.
What is affirmative consent?
In NSW – and many other parts of Australia – the law requires affirmative consent for all sexual activity.
What affirmative consent means
- You can never assume someone is consenting to sexual activity.
- Sexual consent can be withdrawn at any time. As soon as a person withdraws consent, the sexual activity must stop.
- You have to say or do something to seek consent for all sexual activity.
- The people you are engaging in sexual activity with need to say or do something to show that they give consent.
- Silence is not consent
To find out more about consent and the law in NSW visit #MakeNoDoubt.
Make No Doubt
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The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.