The legal framework
Sexual offences are state law. The age of consent is 16 in most jurisdictions and 17 in South Australia and Tasmania. New South Wales adopted an affirmative consent model in 2022, requiring that a person say or do something to ascertain consent; Victoria and Queensland followed with their own reforms.
Key points
| Age of consent | 16 in most states; 17 in South Australia and Tasmania |
|---|---|
| Position of authority | 18 in most jurisdictions |
| Affirmative consent | Adopted in New South Wales (2022), Victoria (2023) and Queensland, with others reviewing |
| Stealthing | Expressly criminalised in several jurisdictions |
| Marital rape | Criminal in all states |
| Limitation | None for serious sexual offences |
| Jury directions | Statutory directions correct common misconceptions about delay and lack of resistance |
| Restorative options | Some states offer alternative justice processes |
In practice
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- Contact a sexual assault service: forensic examination is available without an immediate report.
- Ask about alternative justice processes where a prosecution is not proceeding.
Recent changes
The affirmative consent reforms follow sustained advocacy and have been accompanied by mandatory jury directions addressing myths about how victims behave.
Where to go
- 1800RESPECT — national sexual assault and domestic violence counselling, 24/7.
- State sexual assault services and forensic medical units.
- Victims of crime compensation schemes in each state.
Worth knowing
A forensic medical examination can be arranged through a sexual assault service without reporting to police, and many services will store the kit while you decide. Affirmative consent laws require the accused to have said or done something to ascertain consent. That shifts what the defence must show.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments