Consent
What is sexual consent?
Sexual consent means freely and enthusiastically agreeing to take part in sexual activity. This includes kissing, touching, oral sex and online behaviour such as sharing images or content containing nudity or sexual activity.
Consent must be informed, voluntary and ongoing – people need to understand what they’re agreeing to and feel safe doing so.
People cannot give consent if they are:
- Significantly affected by drugs or alcohol
- Manipulated, threatened, tricked or coerced
- Unconscious or asleep
Engaging in sexual activity with someone in any of these states is sexual assault. If you are unsure, that’s a ‘no’ to consent.
Consent must always be given every time, for each activity. It can never be assumed, and it can be withdrawn at any time – even in a long-term relationship or marriage.
Remember:
- Sexual consent is not a ‘maybe'. If someone isn’t clearly enthusiastic, you do not have consent - stop and check in.
- Pay attention to body language. If someone pulls away, covers up or looks unsure, stop and talk.
- A past sexual experience doesn’t equal future consent.
- If someone changes their mind, stop immediately and respect their choice.
Consent and the law
Sex without consent is sexual assault – and it’s always a crime. You can’t assume someone has agreed to sexual activity; you need to be sure. The best way to know is simple: ask.
In NSW – and many other parts of Australia – the law requires affirmative consent for all sexual activity.
That means:
- You have to say or do something to seek consent for all sexual activity.
- The other person must say or do something to show they give consent.
- Silence is not consent
To find out more about consent and the law in NSW visit #MakeNoDoubt.
Make no doubt - party
Consent and intoxication
Consent cannot be given is someone is too affected by alcohol or drugs to fully understand, make decisions, or communicate.
If someone is slurring, confused, can’t focus, or has passed out - they cannot consent. Even if they agreed earlier in the night, consent can be withdrawn at any time.
Remember:
- If someone is too intoxicated to drive or walk steadily, they’re too intoxicated to consent.
- Flirting or being friendly does not equal a “yes.”
- If you’re unsure - pause and check in. Real respect means making sure everyone feels safe and comfortable.
- Being drunk or high affects judgment, it doesn’t reveal “true feelings.”
When does alcohol make consent invalid?
There’s no set number of drinks that defines when someone is “too drunk to consent” - alcohol affects everyone differently based on body size, gender, food, tolerance and other factors.
Instead of counting drinks, focus on behaviour and capacity. A person cannot legally or ethically give consent if they:
- Can’t speak clearly or follow the conversation
- Are swaying, stumbling, or can’t stand steadily
- Can’t focus or remember what’s happening
- Are falling asleep, unconscious or “blacking out”
- Seem confused, withdrawn, or unaware of their surroundings
If someone wouldn’t be safe to drive, walk home alone, or make other important decisions, they’re too intoxicated to consent.
Teach Us Consent: How alcohol affects consent
Make No Doubt - Chill
More resources
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.