Teaching resource: Consent
About this teaching resource
This resource is part of the Sex, young people and the law education program developed by the
Loddon Campaspe Community Legal Centre and the Community Legal Education team at Victoria
Legal Aid, first published in February 2013. This is the third edition, published November 2014.
Sex, young people and the law is designed to help young people to understand their legal rights and
responsibilities and make informed decisions about sex and relationships. It covers four topics: Age
of consent, Consent, Cyberbullying and Sexting.
This resource is for lawyers, teachers and educators delivering education sessions to young people
on the Consent topic. It supports the PowerPoint presentation, film and activities on Consent,
available at www.legalaid.vic.gov.au/sex-young-people-law
This teaching resource includes:

a session plan

legal background notes

activity answers.
The session plan draws together all the components of the Consent topic of Sex, young people and
the law to help deliver effective and engaging legal education sessions to young people. It contains
basic legal information and key messages to guide you throughout your session. You can adapt the
plan to suit the needs of your students and time allocated to the session.
The legal background notes will help you prepare your session and strengthen your legal knowledge
on the topic. It is not expected that you will read these notes aloud in your session.
The activity answers will help you prompt correct responses from students during the activities. The
activity sheets for students, which include activity instructions, are available at
www.legalaid.vic.gov.au/sex-young-people-law
For more information on Sex, young people and the law, email Community Legal Education,
Victoria Legal Aid on cle@vla.vic.gov.au or call 9269 0234 and ask for Publications.
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Produced by Victoria Legal Aid
Victoria Legal Aid
350 Queen Street, Melbourne 3000
For help with legal problems, call Legal Help on 1300 792 387
For business queries, call 9269 0234
First edition February 2013
Third edition November 2014
Acknowledgements: We thank Victoria Legal Aid lawyers, Loddon Campaspe Community Legal
Centre, Charlotte Powell, the Department of Education and Early Childhood Development and the
Safe Schools Coalition Victoria for their input into this resource.
© 2014 Victoria Legal Aid. Please contact us if you would like to re-use any of this publication in
your own publications or websites. Email cle@vla.vic.gov.au.
Disclaimer: The material in this publication is a general guide only. It is not legal advice. If you need
to, please get legal advice about your own situation.
About Victoria Legal Aid
Victoria Legal Aid is an independent statutory authority set up to provide legal aid in the most
effective, economic and efficient manner. It is the biggest legal service in Victoria, providing legal
information, education and advice for all Victorians.
Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown,
child protection, family violence, child support, immigration, social security, mental health,
discrimination, guardianship and administration, tenancy and debt.
Victoria Legal Aid provides:

free legal information through its website, Legal Help phone-line, community legal education,
publications and other resources

legal advice through the Legal Help phone-line and free clinics on specific legal issues

minor assistance to help people negotiate, write letters, draft documents or prepare to
represent themselves in court

grants of legal aid to pay for legal representation by a lawyer in private practice or a VLA staff
lawyer.
350 Queen Street
Melbourne 3000
For help with legal problems, call Legal Help on 1300 792 387
For business queries, call 9269 0234
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Table of contents
Glossary .......................................................................................................................................... 4
Session plan: Consent ..................................................................................................................... 5
Preparation ..................................................................................................................................... 5
Session plan ................................................................................................................................... 6
Legal background notes: Consent ................................................................................................ 12
What is consent in relation to sexual relationships? ...................................................................... 12
The film – Trusted Moments .......................................................................................................... 12
Real life cases ........................................................................................................................... 12
What does the law say? ................................................................................................................ 13
What is consent? ....................................................................................................................... 13
Can consent be withdrawn? ....................................................................................................... 13
What offences relate to consent? .................................................................................................. 14
Rape .......................................................................................................................................... 14
Indecent assault ........................................................................................................................ 14
Sexual harassment .................................................................................................................... 14
Acting in concert ........................................................................................................................ 15
What can happen legally? ............................................................................................................. 15
How might the police get involved? ............................................................................................ 15
What happens for the accused? ................................................................................................ 15
How might this affect that person in the future? ......................................................................... 16
Where can you get help? .............................................................................................................. 16
Key messages.................................................................................. Error! Bookmark not defined.
Additional resources ...................................................................................................................... 18
Legal information ....................................................................................................................... 18
Non-legal resources................................................................................................................... 19
Activity answers: Consent.......................................................................................................... 20
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Glossary
accused – a person charged with committing an offence
age of consent – the legal age where you can consent to sexual activity
arrest – when the police hold you in custody because they think you have committed an offence
charge – the offence that the police say you have committed
consent – when you agree to something
criminal record – a record of what happens in court. It shows findings of guilt and convictions
against you for other offences
custody – when you have been arrested and the police hold you in prison
evidence – information (documents or material) used in court to prove something
hearing – when your case is at court
indecent assault – sexual acts other than sexual penetration, such as touching someone’s breasts
or bottom without their consent
judge – a person who hears cases in the County Court or Supreme Court. They can make decisions
about whether you are guilty or not and what penalties you will get
minor – person under 18 years old
magistrate – a person who hears cases in the Magistrates’ Court or the Children’s Court. They can
make decisions about whether you are guilty or not and what penalties you will get
offence – when you have broken the law, you are said to have committed an offence. See also
‘charge’
rape – sexual penetration without consent
Register of Sex Offenders – a list of people found guilty of certain sex offences. People on this list
must report to police on things such as when their personal details change and when they have
unsupervised contact with children
sexual assault – common expression for sexual offences
sexual penetration – anything that involves a penis touching a vagina, anus or mouth. Or any other
body part or another object touching a vagina or anus. It includes penetration to any degree
victim – the person whom a crime is committed against
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Session plan: Consent
Preparation
Learning outcomes
At the end of the session students should have increased knowledge of:

laws about consent

consequences of breaking these laws

where to get help.
Supporting materials
These materials are all available on www.legalaid.vic.gov.au/sex-young-people-law

Teaching resource: Consent

Consent PowerPoint presentation

Trusted Moments film (embedded in the PowerPoint presentation)

Activities: Consent for students (you will need to print copies)

Consent wallet cards for students (email cle@vla.vic.gov.au to order copies).
Technology

Internet connection to show the film embedded in the PowerPoint presentation. If you do not
have internet connection and would like a DVD, email cle@vla.vic.gov.au or call 9269 0224
and ask for Community Legal Education

A laptop and projector to show the PowerPoint presentation and film.
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Time allocation
This session plan is for 60 minutes. You can adapt this to suit the different needs of different student
groups and the time available.
If your session is longer than 60 minutes, you can run extra activities. If it is shorter, consider
running only one activity, and adjust the time allocated to each task.
Things to consider before you begin
Sensitive content
The content of this session may be directly relevant for students who have had personal
experiences relating to the topic and may trigger strong reactions or distress. The term rape may
come up. If you are not the group’s usual classroom teacher, discuss this with the teacher
beforehand.
Consider whether students can choose to sit out or leave during the session.
Consider the support a vulnerable student may need from relevant staff in the school or local
services. Investigate contact details for local support services, such as the Centre Against Sexual
Assault, before the session.
Personal disclosures
Ask students not to discuss personal details and situations in the session. It is important to create an
open environment where students feel free to ask questions, but personal disclosures may be
subject to mandatory reporting requirements and should be left for private discussion.
Using real life examples
If you are a lawyer, use real life stories from your own work where possible (without disclosing any
client information). This will illuminate the law and engage students in discussion.
Session plan
Introduction
Time allocation: 5 minutes
Introduce yourself and the session
Materials
Slide 1: Consent
Legal background notes
page 12
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
Define consent as it relates to sexual relationships and the law: as
free and voluntary agreement. The law says you cannot have sex or
do anything sexual with someone unless they give their consent.
Lay the ground rules

Explain you are not there to judge students on their relationships or
behaviour but to provide information to help them make educated
choices.

Ask that students do not share any personal information or
experiences. If they need advice about a specific situation, they
should speak to a teacher or support service afterwards.

Acknowledge that this session may upset some students. Those
students may choose not to participate in the session.
Provide context for the session

Explain that consent laws exist to stop people being taken
advantage of by others – for example, by people in positions of
power.

Explain that the consequences of these laws are real and can have
long-lasting effects.
Activity: Two truths and a false
Materials
Time allocation: 5 minutes
Slide 2: Two truths and
a false
Read out each set of statements and then ask students to identify the
false statement in each set. After the students’ response, give the
correct answer and briefly explain each false statement (below).

Touching someone in a sexual way without their consent is called
indecent assault. TRUE

Oral sex is not sexual penetration under the law.
FALSE. The definition of sexual penetration includes a penis
touching a vagina, anus or mouth.

If someone is asleep they cannot consent to sex. TRUE

To show you do not consent to sex, you have to say ‘no’.
FALSE. Consent (or non-consent) can be communicated
verbally or through body language.

You can withdraw your consent to sex at any time, even if it has
already started. TRUE

You can consent to one thing, like sexual touching, but that doesn’t
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Activity: Two truths and a false
Materials
mean you consent to sex. TRUE

If you are 15, you cannot consent to sex with someone who is more
than 24 months older than you. TRUE

You can’t get in trouble for watching and egging one someone to
indecently assault someone else because you weren’t actually the
one doing the act.
FALSE. Encouraging someone to indecently assault a person
could amount to indecent assault on an ‘acting in concert
basis’. You could face the same crime and penalty as the
person who did the act.

A person accused of a criminal offence has the right to be treated
innocent until proven guilty. TRUE

If someone is found guilty of rape they could go to jail for 25 years.
TRUE

If someone is found guilty of indecent assault they could go to jail
for 10 years. TRUE

People under 18 cannot be put on the Sex Offenders Register.
FALSE. If you are under 18 you can still be put on the Sex
Offenders Register for seven and a half years.
Slide 3: Two truths and
a false
Film: Trusted Moments
Materials
Time allocation: 10 minutes
Slide 4: Trusted
Ask the group to consider the following questions while they watch
the film:

Do you think Mel shows signs of agreeing (consenting) to Nick’s
advances?

After the door closes at the end of the film, if Nick touches Mel’s
breasts or has sex with Mel without her consent, what crimes do
you think Nick might have committed?
Moments
Internet connection to
play the film from the
hyperlinked title on the
slide or a hard copy
DVD.
Click on Trusted Moments on the slide to play the film.
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What does the law say?
Materials
Time allocation: 15 minutes
Slide 5: What does the
law say?
Explain the law in response to Trusted Moments. What is consent?
Legal background notes
page 13

free and voluntary agreement

a shared understanding between people

words or body language

something that can be withdrawn at any time

circumstances in which there is no consent:

-
if there is force or a fear of force
-
if the person fears harm of any type to themselves or someone
else
-
if the person is unlawfully detained (illegally locked up
somewhere)
-
if the person is asleep, unconscious or so affected by alcohol or
drugs they have no way of freely agreeing
-
if the person has no way of understanding the sexual nature of
the act
-
if the person was mistaken about the sexual nature of the act or
who the other person was
-
if the person mistakenly believed the act was for medical
reasons.
It is up to the person who wants to do anything sexual to check
there is consent before they do anything.
What offences relate to consent?

Rape: when someone sexually penetrates another person without
their consent
-
sexual penetration is anything that involves a penis touching a
vagina, anus or mouth. Or any other body part or other object
touching a vagina or anus. It includes penetration to any degree.

Indecent assault: when someone assaults a person in indecent
circumstances without their consent, for example, touching
someone in a sexual way.

Acting in concert: can relate to consent when someone encourages
a person to rape or indecently assault someone else.
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What does the law say?
Materials
What can happen legally?
Slide 6: Where can you
get help?

Sexual offences are serious and the penalties are serious also.

The police may get involved and they may investigate.

Penalties for the accused person might include:

-
court
-
prison (up to 25 years for rape and 10 years for indecent assault)
-
criminal record
-
Sex Offenders Register
Legal background notes
page 15
Copies of Consent
wallet cards.
Discuss how this might affect the person in the future.
Where can you get help?
Materials
Time allocation: 5 minutes
Slide 7: Where can you
get help?
Hand out Consent wallet cards to students. There is blank space on
the cards to add contact details of local services.
Refer to the contact details listed in the legal background notes and
on the wallet cards to explain how to get help.

If someone has been hurt, they can:
-
tell someone they trust
-
contact support services such as Centre Against Sexual Assault,
Kids Helpline, Victims Support Agency
-
contact a legal service such as Victoria Legal Aid, Youthlaw or a
local community legal centre
-
contact the police.
Legal background notes
page 16
Copies of Consent
wallet cards
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Activities
Materials
Time allocation: 15 minutes
Slide 8: Activities
Select one activity from the Consent activities. If time permits, run two
activities.
Legal background notes
pages 20-21
Divide the class into groups of three to four. Each group should have a
note-taker and a reporter.
Copies of Activities:
Consent
After 10 minutes ask students to report their answers. Select a different
group to answer each question.
Pens and paper
Refer to the legal background notes and activity answers for correct
answers.
Key messages
Materials
Time allocation: 5 minutes
Slide 9: What have you
learned?
Reiterate key messages of the session by asking the following
questions. Refer to the legal background notes for extra information and
correct answers.
Legal background notes
page 17
What is consent?

Free and voluntary agreement and a shared understanding
between people.
Whose responsibility is it to check for consent?

It is up to the person who wants to do anything sexual to check
there is consent before they do anything.
Can consent be taken back?

Yes. Consent can be taken back at any time.
What sexual offences relate to consent?

Sexual penetration without consent is rape. Other sexual acts
without consent are indecent assaults.
Where can you go for help and support?

Centre Against Sexual Assault, Kids Helpline, Victims Support
Agency, Victoria Legal Aid, community legal centre. .
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Legal background notes: Consent
What is consent in relation to sexual relationships?
Consent is free and voluntary agreement. This means a really clear, shared understanding between
people.
It is not just about saying ‘yes’ or ‘no’ – there are other ways that people can show they are
consenting or not consenting. It could be something physical, for example, body language. A person
does not have to say ‘yes’ to be consenting or say ‘no’ to be not consenting.
You can take away your consent at any time, even in the heat of the moment.
Checking for consent is a personal responsibility. So if in doubt, always check in with the other
person. This may seem awkward but it creates a safe atmosphere for everyone.
The film – Trusted Moments
Film synopsis: Mel, a young woman, is at her friend’s party. Her friend’s cousin and his mate, Nick,
come to the party. Nick is interested in Mel. Mel and Nick chat, Nick gets Mel a drink, they dance
together, then Nick asks if Mel wants to go outside with him to be alone. Mel agrees, but wants to get
her jumper from the bedroom first. Nick follows her into the bedroom and closes the door.
NB: This film is titled Consent and the law on the Victoria Legal Aid YouTube channel. It is an edited
version of Trusted Moments, a short film produced by the Legal Services Commission of South
Australia.
Real life cases
Yankovski (2007): This case involved a young woman and two young men, who had all had a lot to
drink. The woman claimed she had had so much to drink that she passed out. One of the men then
had sex with her while she was unconscious and continued to have sex with her when she woke up
and told him to stop. The man was found guilty of rape and sentenced to five years in prison. This
case highlights two important consent issues: that consent cannot be freely given by someone who is
unconscious or unaware because they are really drunk and that consent can be withdrawn at any
time. As soon as consent is removed, the act becomes rape.
The legal citation for this case is: R v Yankovski (2007) 17 VR 315.
Gallienne (1964): A young woman and her husband lived in a house owned by a man named
Gallienne. The woman was home alone one night, in bed. In the dark, while she was asleep,
Gallienne got into bed with her and had sex with her. When she awoke and became aware of what
was happening, she allowed it to continue because she thought it was her husband. When she
realised it wasn’t, she ran screaming out of the house. Gallienne argued that she was consenting to
sex. The court decided that the mistaken identity of Gallienne meant there was no valid consent and
he was found guilty of rape.
The legal citation for this case is: R v Gallienne [1964] NSWR 919.
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What does the law say?
What is consent?
The law says that to provide consent to sexual acts, like sex or sexual touching, a person must
understand the nature of what they are consenting to. If they are incapable of understanding because
of their young age, or if they are asleep, or really affected by alcohol or drugs, they cannot provide
consent.
Under the law, there are some circumstances in which there is no consent:

if there was force being used or the person was scared of force being used on them or on
someone else

if the person was scared of harm of any type to themselves or someone else

if the person was unlawfully detained (that is, illegally locked up somewhere)

if the person was asleep, unconscious or so affected by alcohol or another drug as to have no
way of freely agreeing

if the person had no way of understanding the sexual nature of the act

if the person was mistaken about the sexual nature of the act or who the person is

if the person mistakenly believed that the act was for medical or hygienic purposes.
A person cannot consent to sex if they are outside the age of consent laws, which say:

people under 12 years old cannot consent to sex at all

people 12 to 15 years old cannot consent to sex with someone 24 months older than them

people 16 to 17 years old cannot consent to sex with someone who is in a position of care or
authority over them. See the Age of consent topic of Sex, young people and the law for more
information: www.legalaid.vic.gov.au/sex-young-people-law
In the film, Nick uses the term ‘gentle persuasion’ when talking about how he might get Mel to have
sex with him. If Nick meant he would get Mel so drunk that she cannot consent, or that he would use
force or lock Mel in the room to get her consent, then he will have committed a sexual offence,
potentially rape.
Can consent be withdrawn?
A person can take away their consent at any point. This can be verbally with words, physically
through actions or body language or a sudden inability to communicate - for example, if they are
affected by drugs or alcohol and they pass out, or even with words like ‘I’m not sure’.
Consent can be given to one sexual activity but not another. For example, if someone consents to
another person touching their breasts, this does not mean they consent to sex.
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In the film, even if Mel goes along with Nick’s advances, this does not mean she consents to sex or
sexual touching. Mel might have accidentally looked at Nick’s crotch and she accepts Nick’s offer to
get her a drink. Nick could take this as flirtatious behaviour and a sign that Mel was interested. After
Nick puts his arm around Mel to take her outside, she agrees to go so that they can ‘be alone’.
Both Mel and Nick may be flirting but it is a big jump to presume consent to sexual intercourse or
sexual touching from these interactions. It is Nick’s responsibility to make sure he has Mel’s consent
before doing anything sexual.
What offences relate to consent?
Rape
In the film, if Nick has sex with Mel without her consent, he could be charged with rape.
Rape is a sexual offence. Rape is when someone sexually penetrates another person without that
person’s consent:

while being aware that the other person was not consenting or might not be consenting or

while not giving any thought to whether the other person is not consenting or might not be
consenting or

if after sexual penetration they do not withdraw after becoming aware that the other person is
not consenting or might not be consenting or

if they make the other person sexually penetrate them or they make them not stop penetrating
them.
Sexual penetration is defined by the law as anything that involves a penis touching a vagina, anus
or mouth. Or any other body part or another object touching a vagina or anus. So that includes a
finger touching a vagina or anus. And it includes oral sex.
Under the law, penetration means penetration or entering to any degree – not just when the whole
penis, object or body part is inserted all the way into the vagina, anus or mouth.
Indecent assault
Not all non-consensual sexual acts are rape. Indecent assault is another example of a sexual
offence. It does not involve penetration. A person commits indecent assault if he or she assaults
another person in indecent circumstances:

while being aware that the person is not consenting or might not be consenting, or

while not giving any thought to whether the person is not consenting or might not be
consenting.
In the film, if Nick touched Mel’s breasts without her consent this may be indecent assault.
Sexual harassment
Sexual harassment is when someone makes an unwelcome sexual advance or request, or other
behaviour of a sexual nature, and it is reasonable that the other person would be offended,
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humiliated or intimidated. This can include saying sexual things to a person, making sexual gestures
to them, or subjecting them to an act of physical intimacy. Sexual harassment is
Sexual harassment against the law in areas of public life, such as at school and at work.
Acting in concert
Encouraging a person to rape or indecently assault someone could also lead to a charge of rape or
indecent assault on an ‘acting in concert’ basis.
This could mean being charged with the same crime with the same penalty as the person who did the
act. For rape, it could be up to 25 years in prison.
Encouraging an act can include words or actions.
What can happen legally?
No-one has the right, in any situation, to have sex with someone or do anything sexual without that
person’s consent. The law regards sexual offences as very serious, and the punishment for people
found guilty of committing a sexual offence like rape can be extremely high.
How might the police get involved?
When a crime happens, police get involved and investigate.
In the film, if a crime does happen, police may get involved because:

Mel might tell the police

Mel might confide in a friend and the friend may tell the police

Mel might tell her parents, who may tell the police

Mel might see a school counsellor or her teacher and they may have to tell the police under
mandatory reporting requirements.
If the police investigate, they would look for evidence to build a case against Nick. Evidence is things
that may prove that Nick committed the offence.
What happens for the accused?
The police would interview Nick, the accused. If the police believe they have a strong case against
Nick, they could press charges (that is, accuse him of breaking the law) and take him to court. At
court, the magistrate, the judge or jury would decide whether Nick is guilty of breaking the law. They
must only decide that he is guilty if they are satisfied beyond reasonable doubt.
If Nick is found guilty, there can be serious consequences. For indecent assault or rape, it is likely
that Nick would get a criminal record and even a jail sentence.
Being found guilty of rape could mean up to 25 years in jail. Being found guilty of indecent assault
could mean up to 10 years in jail.
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Nick could also be put onto the Register of Sex Offenders. The Register of Sex Offenders includes
adults sentenced for committing sexual offences, and young people under 18 can also be placed on
the register for up to seven and a half years.
Nick has rights throughout the police and court process. Nick has the right to be treated fairly by the
police and a right to speak with a lawyer before being interviewed by police. He has the right to be
treated as innocent until proven guilty and the right to a fair trial.
How might this affect that person in the future?
Getting a criminal record or jail sentence can make it hard for the accused person to get certain jobs
or travel in the future.
If Nick was put on the Register of Sex Offenders, he would have to report regularly to the police and
would not be able to do any child-related work.
Where can you get help?
There are many organisations that can give young people confidential advice and support:
Counselling and support:
Centre Against Sexual Assault (CASA)
You can contact a CASA 24 hours a day, seven days a week for crisis counselling, support,
information and advocacy. Your call will be directed to the CASA in your region.
Tel: 1800 806 292
Website: www.casa.org.au
Kids Helpline
Free, private and confidential telephone and online counselling service specifically for young people
aged between five and 25.
Tel: 1800 551 800
Website: www.kidshelp.com.au
Victims Support Agency
Information about how a victim can be supported throughout the police and court stages, and also
about compensation.
Tel: 1800 819 817
Website: www.justice.vic.gov.au/victimsofcrime
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Legal information and advice:
Victoria Legal Aid
Free legal help over the phone, Monday to Friday, 8.45 am to 5.15 pm.
Tel: 1300 792 387
Website: www.legalaid.vic.gov.au
Youthlaw
Free legal service for people under 25.
Tel: 9611 2412
Website: www.youthlaw.asn.au
Local community legal centre
Community legal centres give free legal advice. Call the Federation of Community Legal Centres or
visit their website to find your nearest community legal centre.
Tel: 9652 1500
Website: www.communitylaw.org.au
Lawstuff
Legal information and email advice service for children and young people.
Website: www.lawstuff.org.au
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Additional resources
Legal information
Victoria Legal Aid
Publications
These publications are free. You can order up to 50 copies at a time from the Victoria Legal Aid
website.
Am I old enough?
Booklet for young people about what the law will or will not let them do.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-and-resources/ami-old-enough-common-legal-issues-for-young-people
Services for people affected by crime
Produced by the Victims Support Agency of the Department of Justice. Gives information about the
different services available in Victoria that can help anyone affected by crime.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-andresources/services-for-people-affected-by-crime
Legal Help card
A wallet-sized brochure about our services. In English and 25 languages.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-andresources/victoria-legal-aid-help-card-english
Web pages

Sex and the law: www.legalaid.vic.gov.au/find-legal-answers/sex-and-law

Going to court for a criminal offence: www.legalaid.vic.gov.au/find-legal-answers/going-tocourt-for-criminal-charge

Police powers: www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights

Contact us: www.legalaid.vic.gov.au/contact-us
Fitzroy Legal Service – Victorian Law Handbook website

Sexual offences: www.lawhandbook.org.au/handbook/ch04s03.php

Courts: www.lawhandbook.org.au/handbook/ch01s02.php

Advice directory: www.lawhandbook.org.au/handbook/ch02s04.php
Youthlaw
Youthlaw has online fact sheets on a variety of topics: http://youthlaw.asn.au/resources/factsheets-2/
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Non-legal resources
Centre Against Sexual Assault
The Centre Against Sexual Assault has resources on sexual assault: www.casa.org.au/resources/
Domestic Violence Resource Centre Victoria
Relationships – Love, the good, the bad, the ugly is a website that helps identify whether you are
in an unhealthy relationship and where to get help: http://lovegoodbadugly.com/
Safe Schools Coalition Victoria
Provides free training, resources and consultancy for schools on sexual and gender diversity:
www.sscv.org.au
Safe and Supportive School Communities
Bullying. No Way! – Take a stand together has useful information and interactive activities for
students, teachers and parents: www.takeastandtogether.gov.au
Department of Education and Early Childhood Development

Sexuality education:
http://www.education.vic.gov.au/school/teachers/teachingresources/social/physed/pages/sexu
alityed.aspx
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Catching on Early: http://safeschoolscoalitionvictoria.org.au/wpcontent/uploads/2013/04/catchingonearly.pdf

Catching on Later: https://fuse.education.vic.gov.au/content/407ed837-2c8b-4842-9a22fe7f8bb07b99/catchingonlater.pdf
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Activity answers: Consent
These are the correct responses to the Consent activities in Sex, young people and the law. Activity
sheets for students, which need to be printed, are available at www.legalaid.vic.gov.au/sex-youngpeople-law
Activity one – The couple
Case study: Malika and James have been together for two years. They have had sex a couple of
times and both really enjoyed the closeness and intimacy of it. Last weekend they went to a party
and Malika drank more than she usually would. James suggested that they get away from the crowd
and head up to the bedroom for a while. In the bedroom, James started kissing and touching Malika.
She seemed to be enjoying herself, she kissed him back, smiled and said, “Don’t stop”. After kissing
for a while she passed out. James could clearly see that she was no longer capable of responding to
conversation. He continued kissing her and then took off her top and started touching her breasts.
Malika woke up and was frightened by what was going on.
Question 1: What did Malika give James consent to do?

Malika gave James consent to kiss her, not for him to undress her or touch her breasts. As
Malika was passed out from the alcohol, she had no way of providing her consent to him
beyond the initial consent to kissing.
Question 2: Did James do anything he didn’t have consent to do?

Yes. James should have been aware that Malika was not consenting to anything further after
she passed out. Despite the fact that they had been going out for two years and had had sex
previously, James does not have permission to presume consent to every sexual interaction
they have. Especially where they have been drinking alcohol. He should have been respectful
of Malika’s inability to consent and he should have stopped.
Question 3: If Malika stopped giving consent, at what point did this happen?

When James could clearly see that Malika was no longer capable of responding to
conversation, this is the point he should have been aware she was passed out and incapable
of consenting to further acts.
Question 4: Where can Malika go for help?

Malika may need counselling or support to help her cope with this situation. She can contact
the Centre Against Sexual Assault (CASA) which has 24-hour counselling on 1800 806 292.
Question 5: Where can James go for help?

James can contact Youthlaw (9611 2412), Victoria Legal Aid (1300 792 387) or his local
community legal centre for help.
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Activity two – Flirty
Case study: Anh is the new girl at school and is being talked about already. The rumour is that she
started having sex in primary school. Anh doesn’t deny any of it, and both guys and girls find Anh
funny and flirtatious. At school camp, she leads a group of girls and guys away from the cabins to a
secluded spot in the nearby forest. The group start drinking and playing spin the bottle. Anh kisses
only girls, all night. A few of the guys dare her to go further but when she tells them no, they think
she’s being flirty. A few of the guys start grabbing Anh. One of them has sex with her, while the
others watch.
Question 1: What does the law say about consent in this situation?

Anh’s sexual reputation or her previous ‘flirty’ attitude with others does not give anyone the
right to have sex with her without her consent. This was a situation which she had clearly not
consented to.

Consent must be free and voluntary agreement. This means there should be clear verbal or
physical communication and a shared understanding between people. Here, Anh was grabbed
and there is no indication of shared understanding.
Question 2: Do you think Anh’s flirty behaviour is responsible for what happened?

Anh has a right to behave however she likes. She has the right to flirt, without ever being to
blame for someone having sex with her without her consent. There were clear signs of lack of
consent. Anh’s flirty behaviour was in no way responsible for what happened.

The bystanders could be charged with rape on an ‘acting in concert’ basis if they encouraged
Question 3: What do you think will happen to the people who stood by and watched?
or facilitated the rape. This could be by watching. The maximum penalty for this crime is 25
years in prison.
Question 4: What can happen if the police find out?

If the police get involved, it is likely that the guy who had sex with Anh without her consent will
be charged with rape. The maximum penalty for rape is 25 years in prison.
Question 5: Where can Anh go for help?

Anh may need counselling or support to help her cope with this situation. She can contact the
Centre Against Sexual Assault (CASA) which has 24-hour counselling on 1800 806 292.
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