Explanation
Sexual assault is unlawful and indecent assault or procuring a person to commit those. A child sex offence is a different offence. Sexual assault is any act of a sexual nature carried out against a person’s will through the use of physical force, intimidation or coercion, including any attempts to do this. This includes rape and attempted rape. Sexual assault occurs when a person is forced, coerced or tricked into sexual acts against their will or without their consent, including when they have withdrawn their consent.
Consent must be freely and voluntarily given by a person with the cognitive capacity to do so. Consent is not freely and voluntarily given if a person is either:
- forced to engage in the sexual act
- unconscious or asleep
- under the influence of drugs or alcohol
- threatened or intimidated
- in fear of bodily harm
- under a mistaken belief that the person was their sexual partner.
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