Meanings

Home: Survivors: For Sex Workers: The Power Book

Sex without consent

You have the right to control your own body. You have this right whether your work involves sex or not. You have a right to expect that your body will not be assaulted. Sexual assault is sexual activity that you didn't agree to, where another person uses physical or emotional force against you.

Sexual assault is anything that happens after I say no (or haven't said yes to).

Sexual assault is a crime

Sexual assault is NOT just a 'job that goes wrong'. The law says sexual assault is a crime. Sexual assault is a crime:

• whether any semen is ejaculated or not;
• even if you've had sex with the person at some other time;
• even if you agreed to another type of sexual service (for example, you may have agreed to vaginal penetration but this doesn't mean you agreed to anal penetration);
• whether you're female, male or transgender;
• whether you're a sex worker, community worker or construction worker. Sexual offences include rape and indecent assault.

Rape

Rape means sexual penetration without your consent and when the person is aware that you are not consenting. (It's also rape if the person doesn't withdraw as soon as he realises you are not freely agreeing to the sexual penetration.) There's no consent if you're so out of it or drunk that you are incapable of freely agreeing; where there's force or you're threatened; when you're unable to leave or you're locked up; if you're asleep or unconscious. Sexual penetration means penetration, to any extent:

• by a penis into a vagina, anus or mouth
• by another part of the body, such as a tongue or finger, into a vagina or anus
• by an object into a vagina or anus.

Vagina includes a vagina that's surgically constructed.

Indecent assault

Indecent assault includes sexual acts other than penetration without your consent or against your will (for example, being touched on the bum or breasts or being forced to watch a sexual act).

Return to top

Sponsor

Resourcing Health and Education

Disclaimer Copyright Updated: 24 Sep 2009