What is consent?

Consent is your free and voluntary agreement to do something. You have the right to withdraw consent from anyone, at any time, in any place. 

Even if you have consented to engaging in a sexual act with someone, you have the right to say ‘stop’ if you do not want to do something or have changed your mind. Just because you have consented to one act, it does not mean you have given consent to another act, or the same act with a different person or at a different place. Consent must be given every time .

Queensland has an ‘affirmative consent’ model, meaning that under legislation passed in 2024 consent must be freely agreed to. The legislation outlines a number of circumstances where a person cannot consent to an act. Some of these include when the person:

• Is under the age of 16
• Does not say or do anything to communicate consent
• Is so affected by alcohol or another drug that they cannot capably provide or withdraw consent
• Is asleep or unconscious
• Only engages in the act because they feel forced or are fearful of force
• Mistakes the identity of the person they are engaging in the sexual act with

Offences against sex workers are also provided for in the affirmative consent legislation. Under section 348AA of the Criminal Code, a circumstance where a person does not consent includes where a sex worker participates in an act because of a false or fraudulent representation that they will be paid or receive some reward for the act. The person who makes the false or fraudulent representation is committing a criminal offence, such as rape or sexual assault.

You can find a full list of circumstances in which someone is unable to consent, in the Criminal Code Act 1899. (Section 348AA).

Consent for a sexual act to occur is required between any two people - even if you are married or in a relationship. A pattern of controlling and abusive behaviour in relationships may make you unable or reluctant to express or withdraw consent due to factors including fear of harm towards yourself, children, or family. If you would like more information surrounding consent in a relationship, please visit the Domestic and Family Violence page.

It’s really important that when you agree to consent, you are feeling:

• Willing
• Sober
• Informed
• Respected
• Confident
• Comfortable
• Certain

If you do not consent and somebody proceeds or continues to have sex with you, this is rape or sexual assault (depending on the circumstances) and this person can be charged with an offence.

Stealthing

You may have heard of ‘stealthing’ and might be unsure what it means. Stealthing is when you engage in an act on the basis that someone is wearing a condom and they:

• Remove the condom
• Tamper with the condom
• Know that a condom is not working but continue with the act, or
• Do not use a condom.

The above are all included in legislation, under the section which outlines specific circumstances in which you cannot give consent. This means that stealthing is considered rape. The police take allegations of stealthing seriously. If this has happened to you, you can tell police by using the sexual assault online reporting system, or Alternative Reporting Options.