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Understanding Sexual Violence

Women and girls experience many forms of sexual violence every day, in our homes or those of parents or friends, at work, at school, in doctor's surgeries, in churches, and on the streets.

This factsheet has been developed to broadly cover some important concepts about different forms of sexual violence, such as legal definitions and terms.

If you think you may have experienced sexual violence, or would like more information, you can call the NSW Rape Crisis Centre, from anywhere in NSW, on the numbers listed at the end of this factsheet. NSW Rape Crisis Centre operates 24-hours a day.

What is sexual assault?
Sexual assault is a crime in which there is unwanted or forced sexual contact with another person, from someone touching you to someone forcing you to have sex against your will.

A person can be charged with sexual assault if he:

• puts his finger, penis, hand or tongue, or an object, into your vagina, anus or mouth against your will, or
• forces you to put objects into your own vagina or anus, or
• performs oral sex on you against your will, or makes you give him oral sex.

A person can also be charged with a sexual assault offence if they try or attempt to do these things.

More information can be found in The Law Handbook, published by Redfern Legal Centre Publishing and available at counselling centres and libraries.

Acts of indecency and indecent assault
In the law, sexual assault is grouped into different types of offences. Two of the less serious are:

• acts of indecency, where the person shows his genitals or masturbates in public
• indecent assault, where he touches you indecently, for example on your breasts or your genitals or anus, or makes you touch his genitals.

Aggravated sexual assault
The person may be charged with the more serious offence of aggravated sexual assault if:

• he physically hurts you during a sexual assault
• you are under 16
• he uses a weapon
• you have a severe disability
• he is someone in authority.

These are called aggravating factors.

Child sexual assault and incest
It is against the law for an adult to have sex with anyone under 16. This is called child sexual assault.

It is against the law for a person to have sexual contact with his mother, sister, daughter or granddaughter, whatever her age. This crime is called incest.

Sexual assault within marriage
This is a crime. A man does not have an automatic right to have sex with his wife (or partner). If he does it without her consent, he can be charged with sexual assault, even though she has been willing to have sex with him at other times.

Sexual harrassment
Sexual harassment can be whistles, unwanted comments, threats, verbal abuse or unwanted exposure to sexual material.

What is consent?
Under the law, 'consent' means that you've agreed to something freely and voluntarily-because you want to.

• If you don't fight back during a sexual assault, it is still sexual assault. It's not consent just because you didn't fight back.
• If the man threatens, frightens or tricks you into agreeing to have sex with him-for example, he threatens to hurt someone else if you refuse-it is sexual assault.
• You can agree to sex and then change your mind. The reason doesn't matter. If the man keeps going even though he knows you don't want to, it is sexual assault.

If you are under 16 or you have a serious physical or intellectual disability, you can't legally give consent.

Why do rapists do it?

• Sexual assault is used to intimidate the victim. It gives the man power over her.
• Some men think women and children belong to men, so they have a right to abuse them.

Remember

• Sexual assault is always the offender's fault, never the victim's.
• In Australia it is against the law for anyone to force another person to have sex, or to participate in any sexual act.
• Sexual assault is not uncommon. It is a crime experienced by many women, many children and some men.