Law on consent
Part of the Crime topic
Understand the law on consent in Queensland.
In short
These laws and rules apply to sexual consent in Queensland.
Use these rules to understand:
- what you must and cannot do
- affirmative consent
- penalties for engaging in sexual activity without consent.
Engaging in sexual activity without consent, including stealthing, is a criminal offence under the Criminal Code Act 1899 and can result in severe penalties, including imprisonment.
You must
To comply with the law in Queensland you must:
- Get free and voluntary consent from the other person before engaging in any sexual activity, this may be words or actions.
- Stop and check for consent if it’s unclear whether the other person has communicated agreement. This is known as affirmative consent.
- Seek consent again if the sexual activity changes.
You cannot
To comply with the law in Queensland you cannot:
- Assume someone is consenting just because they do not say ‘no’.
- Assume consent just because you have previously engaged in sexual activity with the person.
- Engage in sexual activity with someone who is asleep, unconscious, or too intoxicated to consent.
- Use force, threats, coercion, blackmail, or intimidation to obtain consent.
- Remove or tamper with a condom without the other person’s knowledge and consent (Stealthing).
- Engage in sexual activity with someone who does not have the cognitive capacity to consent.
- Mislead someone about the nature, purpose or conditions of the sexual activity, including if a condom will be used.
- Give consent if you’re under 16 years of age.