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Sexual assault is a crime in all Australian states and territories. Sexual assault is also used as a broad term to describe all sexual offences against adults . It occurs when a person is forced, coerced or deceived into sexual acts against their will or without their consent.
There is a continuum of sexual violence ranging from sexual harassment, sexual acts, sexual touching, sexual assault and aggravated sexual assault (with a weapon or in company). Sexual assault does not have to be a single act, but should be considered as part of a continuum of attitudes and actions.
Sexual abuse crimes include both touch and non-touch offences and other acts like accessing, possessing or distributing of child abuse material are also crimes.
People responsible for violence and abuse, may themselves also be survivors of violence and abuse.
If you or someone you know has been sexually assaulted, getting some support in place can be important.
You could call 1800 73 77 32 (1800 RESPECT) 24 hours a day for telephone support and counselling
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Harmful sexual behaviors are outside of the expected range of sexual behavior for a child or young person’s level of development, and may harm the child themselves, other children subjected to this behavior, or place either child/children at risk of harm. These behaviors may include forced, compulsive or coercive penetrative and non-penetrative sexual acts, violation of privacy and exposure to sexual acts and materials.
These behaviors are often with other individuals who the child or young person has power over due to their age, emotional maturity, gender, physical strength, or intellect and where the victim in this relationship has suffered a betrayal of trust.
For children aged ten years and older, some of these behaviors may constitute a crime.
Some behaviour in children and young people is experimental and a normal part of maturing, but behaviour is concerning or harmful if:
• It is targeted at younger children or anyone more vulnerable
• it is secretive
• it is aggressive, forceful, manipulative or threatening
• it is not consensual
• the sexual behaviour continues despite repeated requests to stop
• the young person appears driven to engage in sexual behaviour regardless of whether or not they will be punished or reprimanded
• others complain about the youth’s sexual behaviour or are adversely affected
• the sexual behaviour progresses in frequency, intensity or intrusiveness over time
• the sexual behaviour is directed at adults who feel uncomfortable about it
• the sexual behaviour is targeted at animals
• verbal and/or physical expressions of anger precede, follow or accompany the sexual behaviour.
Mandatory reporters in all Australian states and territories have obligations to report suspected or disclosed sexual abuse of children and young people.
The Child Protection Helpline receives reports from mandatory reporters or anyone concerned about the wellbeing and safety of a child or young person. You can call the Child Protection Helpline (freecall) on 132 111
The Kids Helpline 100 55 1800 provides counselling and support to children, young people and their families
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Child sexual abuse is a crime in all Australian states and territories.
Child sexual abuse is any sexual act or sexual threat imposed on a child or young person by an adult, young person or older child. Child sexual abuse includes a range of behaviors to involve a child in any sexual activity.
These behaviors include touching, digital penetration, sexual intercourse, exposure to child abuse material, or forcing the child to engage in sexual acts with others. Grooming or engaging children online for the purpose of sexual activity is also a crime.
Adults and young people who sexually abuse children take advantage of the child’s trust, innocence and/or developmental stage.
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Consent is an agreement between people about engaging in a sexual activity.
Consent means freely choosing to say ‘yes’ to a sexual activity
It’s needed for any kind of sexual activity, from touching or kissing to intercourse
It’s always clearly communicated - there should be no mystery or doubt
There are laws around who can consent and who can't. Children under the age of 16 cannot give consent to sexual activity under the law.
Without consent, any sexual activity is against the law and can be harmful
Consent should be clear, enthusiastic and certain.
Click here for more information about consent
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Getting support in place from someone or a service that you trust is really important. Many people talk to a family member or a friend, their doctor, counsellor, youth worker, teacher or someone they can trust. Sexual abuse is never your fault and there are services and many people with experience who can assist you.
If you don’t know where to start, there is a confidential free hotline 24/7 you could call on 1800 737 732 (1800 RESPECT).
There are also free legal services that can support you to access counselling and compensation, or to support you to report what happened to the Police.
In New South Wales, a Government agency called Victims Services provides compensation and access to counselling. You could call 1800 633 063 for more information.
Counselling is also available from community sexual assault counselling services, private counsellors and psychologists or by getting a referral from your doctor. Click here for some of the services we can help refer you to
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Our services are private and confidential and you can get more information by emailing info@transformingjustice.org.au or calling 0493 552 653.
Information about restorative justice can help you understand your choices or it may help a family member or friend, either now or in the future.
We cannot call a survivor without their permission, but people responsible for harm or family and community members are welcome to contact us for information, advice and support.
All our practices are voluntary, confidential and free.
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Restorative justice isn’t focussed on punishment, it is about centering the process on those who have been harmed, and recognising their rights. Restorative justice is about holding the person who has caused the harm to be accountable, but in ways that are meaningful to the ensuring there is a fair process for all participants to participate safely.
Restorative justice is about:
repairing the harm caused by crime and wrongdoing.
ensuring that the people most affected by a crime or wrongdoing should be key to the resolution of the harm caused
understanding that crime and wrongdoing causes harm to individuals and communities.
By contrast, criminal justice:
excludes the people impacted from the justice outcome
views crime and wrongdoing as committed against the state and as a violation of law
seeks to determine guilt and impose punishment
We believe that survivors are experts in their lives and should have meaningful choices, and access to survivor-led restorative justice practices in the community
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Sexual assault and childhood sexual abuse impacts entire families, communities and our society as a whole. Those who are or were close to a loved one who was harmed (or who caused harm) have their own unique pain and challenges. Because the focus tends to be on the persons who were directly impacted by sexual abuse or violation, there is often little support for friends, partners and family to process how the harm has impacted their own life or that others who were also impacted. Our practice creates a space for all people impacted by abuse, and there are other services in NSW which adopt a similar approach including:
