Rape and Sexual Assault

Rape and sexual assault are crimes.  If convicted, the offender can be sent to prison. There is no excuse for rape or aggravated sexual assault.

Consent for sexual intercourse can only be given by a rational and sober person – this means that if you are under the influence of alcohol or drugs, you may not be able to provide valid consent.

It is not an excuse for someone to say they didn’t rape or sexually assault you because you didn’t say no. Silence does not mean consent.

Most importantly always remember that rape and sexual assault are never your fault.

If you have been raped or sexually assaulted then you should report it to the police right away. In Tasmania you can also contact the Sexual Assault Support Service for help and advice, on their rape crisis response number which operates 24/7 on 03 62311817.

You can also call and speak with a counsellor 24 hours a day, 7 days a week by calling the nationwide 1800Respect helpline on 1800 737 732.

 

Rape

The definition of rape is when someone has sexual intercourse with you without your consent. Under Tasmanian law, ‘sexual intercourse’ is defined as the penetration to the slightest degree of the vagina, anus or mouth of a person with the penis of another person, and includes the continuation of sexual intercourse after penetration.

You have to consent to sexual intercourse – the law says that you must be rational and sober in order to consent (so, not affected by drugs or alcohol), and you cannot be forced or coerced into consenting. There are also laws around how old you have to be to be able to consent to sexual intercourse.

If you initially consented to sex but then changed your mind, as soon as you say no the other person must stop.
 

Sexual Assault

Sexual assault is defined as when a person penetrates another person’s vagina, anus or mouth to the slightest degree with an object, or any part of their body (other than their penis), without consent.