What the law means by rape & sexual assault
Across Australia, this is the offence of sex without consent. Each state uses slightly different words — sexual assault, rape, or sexual penetration without consent — but the key idea is the same: sexual activity a person hasn't freely agreed to is a crime.
Consent means freely agreeing. If a person is asleep, too affected by alcohol or drugs, threatened, under the age of consent, or otherwise unable to agree, there is no legal consent.
The consequences
A finding of guilt carries heavy, often lifelong consequences:
- A criminal record
- Lengthy prison sentences — up to 20 years or more
- Being placed on the sex offender register
- Loss of employment, and travel restrictions
In deciding a sentence, the court looks at the seriousness of the case, the evidence, the age and vulnerability of the person harmed, and whether there are previous offences.
If you're involved
You're not alone
- You can contact police, or speak to a support service first — it's your choice.
- Whether to make a formal complaint is up to you. There is no time limit to report a sexual assault in Australia.
- Support services can help with counselling, medical care, and legal referrals.
Protecting your position
- Speak to a criminal lawyer as soon as possible — these cases are serious and can move quickly.
- You have the right to remain silent, and the right to a lawyer.
- Don't try to explain yourself to police without a lawyer present.
If you're in immediate danger, call 000. For confidential counselling and support — for anyone affected by sexual assault — you can call 1800RESPECT on 1800 737 732, any time.
How it works where you are
The wording, penalties and processes vary by state. Pick yours for a snapshot of the law, the charge name, the maximum, and the court.
Related pages
This is general information, not legal advice. Rape and sexual assault are serious offences with lifelong consequences for everyone involved, and the laws, names and penalties vary by state. If you're involved in a case — as the person harmed or the accused — speak to a lawyer or a support service for proper guidance. Confidential support is available on 1800RESPECT (1800 737 732).
