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Laws
Consent is crucial and sex without consent is always illegal. Learn about laws regarding incest, sexual misconduct by professionals, and the importance of age of consent.
Listen to what your body is telling you
Some not okay body clues are:
Some happy body clues are:
Your body is your body!
Sexual consent is an agreement between people to share a sexual act.
Consent must be given freely and happily, with shared understanding of what is going to happen.
It is consent when people know they want to do the sexual activities and they make sure their partner does too.
The Consent Continuum is a great resource to help people understand what is and is not consent.
The Consent Continuum is a great resource to help people understand what is and is not consent.
Behaviour that is not OK at work
Offensive behaviour or harassment
This includes anything that offends, humiliates, or insults people on the basis of an attribute. This could be nasty behaviour or annoying people; anything that upsets or embarrasses people; or being rude about a person because of something about them, like their race, religion, weight, gender, or disability.
Sexual harassment
This includes behaviour of a sexual nature which subjects someone to unwanted physical acts, advances or requests, comments, gestures, or actions. Behaviour that is sexual and is not wanted by other people, including touching, asking people to do sexual things, making comments, noises or movements that are sexual.
Victimisation
A person must not harass another person because they have, or intend to, make a complaint. If someone makes a complaint, or is going to make a complaint, it is not ok to bully them.
Inciting hatred
This is a public act which provokes hatred towards, serious contempt for, or severe ridicule of, a person or a group of people on the basis of an attribute. This also includes getting other people to bully someone because of something about them, like their race, religion, weight, gender, or disability.
Promoting or aiding discrimination and prohibited conduct
This includes the publishing or display of any sign or notice that promotes, expresses, or depicts discrimination or prohibited conduct (unless it is discouraging discrimination or prohibited conduct).
This also includes creating or putting up any sign, poster or picture that supports bullying, nasty behaviour, or behaviour that is not ok at work.
Understanding consent laws in Tasmania
There are laws that tell us what the age of consent is.
- If you are under 12 years old, you are not able to consent. Sex with anyone under 12 is against the law.
- If you are over 12 years old, it might be OK if your partner is no more than 3 years older than you.
- If you are over 15 years old, it might be OK if your partner is no more than 5 years older than you.
- If you are over 17 years old, you are able to consent if your partner is over 14 years old.
Everyone has a responsibility to know the age of their partner.
| Your age | Legally informed consent |
|---|---|
| Under 12 | Not able to consent |
| 12 years | Might be OK if your partner is 12-15 years old |
| 13 years | Might be OK if your partner is 12-16 years old |
| 14 years | Might be OK if your partner is 12-17 years old |
| 15 years | Might be OK if your partner is 12-20 years old |
| 16 years | Might be OK if your partner is 13-21 years old |
| 17 years | Able to consent if your partner is 14+ years old |
Image based abuse and online safety
If you share a picture with just one person, you no longer have control over who else might see it.
Here are some forms of image based or online abuse.
Doxing
When someone shares your personal information on the internet.
Sextortion
When someone threatens to share pictures of you on the internet unless you pay them money or do sexual acts with them.
Catfishing
When someone pretends to be a different person online. They might pretend to be a different gender, age or be interested in the same things as you. Usually done to get you to trust them and be friends with them.
Deepfake
A new picture that is made from two or more pictures, e.g. it might be your face on someone else’s body.
Understanding pornography
Pornography (or porn) is the name for pictures or videos that show sexual acts or naked bodies.
Porn is made to create sexual feelings. It is not always made with consent and rarely shows consensual relationships.
- Porn is not real.
- Porn is made to look good.
- Real life sex should feel good.
Respectful relationships have trust, good communication, kindness, empathy (sharing feelings), honesty, equality (sharing power, money or ideas evenly), respect for each other’s ideas and thoughts, and liking each other’s strengths.
A respectful relationship does not have people using power and control over each another.
A respectful relationship feels good and should never make you feel scared or unsafe.
With every right that we have it means that we also have the responsibility to do the same to other people.
Conversation starters
What are the laws in Tasmania about sex? Are the laws the same in every state?
Sex is always illegal if there is no consent.
It is illegal to have sex with a close family member like a parent or sibling.
It is also not OK for a formal support person, formal carer, doctor, nurse etc. to have sex with someone they are caring for.
It is illegal to have sex with someone who has been or is your teacher.
You should be very sure you know how old someone is before you have sex with them.
Have you ever heard of stealthing? Do you know that it is illegal?
‘Stealthing’ is when one person removes a condom during sex while the other person believes that the condom* is still on. Or they refuse to wear a condom when asked to do so or lie about putting one on.
This is a crime in Tasmania.
Stealthing is a kind of rape – the person who gave consent thought a condom would be used, so not using one means the consent is not valid. Stealthing applies to all people – age or kind of relationship does not change the rule.
The person who does this can get up to 21 years in jail if they are charged and are found guilty.
*A condom is worn on a penis and is used to stop some sexually transmitted infections or pregnancy.
A lot of pornography shows rough sex including choking and strangulation. Did you know that non-fatal strangulation is illegal in Tasmania?
Choking (someone holding another person around the throat) and strangulation (when oxygen or blood supply is cut off by something around a person’s throat or neck) happens a lot in pornography. It is not safe and can make a person unconscious in as little as five seconds. It is very dangerous and can cause brain damage, make people very sick or even kill them. Even if choking or strangulation does not cause death or harm, or the person stays conscious, it is illegal.
Pornography is not real - it is actors doing things just for filming. You should never do things you see in porn without consent. Hitting, punching, slapping, kicking, biting or other forms of violence during sex are not OK.
Is it OK to have sexual pictures on your phone or computer if you are just looking at them and not sharing them?
It is illegal to take or have sexual pictures (photos that show a person’s genitals, bottom or breasts) of a person under 18 years old.
If you are under 18 years old, it is illegal to send sexual pictures or nudes of yourself or someone else.
It is illegal to have, take or share sexual pictures without their consent.
It is hard to know if a person in a picture has given consent for a picture to be taken or shared, so it is best not to have these pictures saved on your phone or computer.
Get help now
If you, or anyone else is in immediate danger, call 000
Northern Tasmania
North West Tasmania
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