Law on consent
Part of the Crime topic
Understand what consent is, and what you must do and cannot do to follow the law in Queensland.
In short
Consent is a voluntary and informed agreement between equal partners to participate in a sexual act. That means everyone genuinely wants to take part and makes sure their partner/s do too.
Engaging in sexual activity without consent is illegal in Queensland, and can result in severe penalties, including imprisonment.
This page provides a summary of Queensland's consent laws. It's not exhaustive and should not be considered legal advice. Consult with a qualified legal professional for comprehensive information or matter-specific advice.
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.