What is sexual assault?

We use the terms ‘sexual violence’, ‘sexual assault’ and ‘sexual abuse’ interchangeably to describe sexual activity that has occurred without being freely consented and agreed to. ‘Sexual abuse’ is often used to describe sexual violence within a domestic or family violence context.

There are many misconceptions about sexual assault and sometimes people can be unsure if what happened to them is defined as sexual assault.

What is sexual assault?

If someone has sexual contact with you or they make you commit a sexual act upon them without it being freely consented and agreed to, it is considered sexual assault. Sexual assault is a criminal offence in the Criminal Code 1899 under section 352.

What is rape?

The definition of rape is more specific. If a person inserts their penis, body part or an object into your vagina or anus, or your mouth is penetrated by a person’s penis without it being freely consented and agreed to, it is considered rape. Rape is a criminal offence in the Criminal Code 1899 under section 349.

It is also an offence if someone attempts to rape you, or if a person assaults you with the intent to rape you, even if they did not rape you.

What is sexual abuse?

Sexual abuse in the context of a domestic or family relationship refers to any behaviour that forces or coerces a person to engage in sexual activities without consent.

Sexual assault happens when someone performs a sexual act without consent. Consent to an act must be freely agreed to and can be withdrawn at any time. You can find out more about consent on our What is consent? page.

Sexual assault can also happen to you if you are married or in a relationship with someone. Consent is always required. Learn more about this by visiting the Domestic and Family Violence page.

Some people may think that when someone experiences sexual assault, they must have physical injuries or show obvious signs of emotion or distress after the assault has happened. Both of these are untrue. People who have experienced sexual assault may not have visible injuries at all and may not show obvious distress or trauma. This does not mean what happened to them is not sexual assault – trauma can affect everyone differently. More information on common responses and reactions to sexual assault can be found on our common responses page.

We understand this may be a confusing time and that you may have questions. For more information, you can visit our Frequently Asked Questions page or contact Policelink.