Understanding sexual assault
What is sexual assault?
Sexual assault is a broad term that captures any sexual act or attempt to engage in a sexual act where consent is not obtained or freely and voluntarily given.
It represents any behaviour of a sexual nature that makes someone feel uncomfortable, frightened, intimidated, or threatened. It is sexual behaviour that someone has not agreed to, where another person uses force, coercion, or manipulation.
Sexual assault does not always involve physical harm or touching, for example forcing someone to watch pornography or the sharing of non-consensual intimate images is also a form of sexual assault.
Sexual assault is an abuse of power.
Sexual assault is never the fault or responsibility of the victim survivor.
Examples of sexual assault include:
Rape
A person intentionally sexually penetrates another person without that person’s consent. Sexual penetration includes oral, anal and vaginal penetration.
Unwanted touching
Pinching, patting, embracing, rubbing, groping, flicking, kissing, fondling, being touched on the breasts, bum or legs etc.
Sexual harassment
Sexualised comments or behaviour that makes a person feel uncomfortable, intimidated or humiliated.
Image-based sexual abuse
Sharing or threatening to share, an intimate photo or video, or a person with their permission. This can happen in person and online.
‘Stealthing’
Intentional non-use, tampering or removal of a condom without permission or knowledge of the other people involved.
Grooming
The process of preparing a child or young person for sexual abuse or exploitation. This behaviour can involve the perpetrator manipulating a child to gain their trust, exert power over them to establish secrecy and avoid disclosures.
Obscene gestures
Simulating masturbation in front of a person.
Voyeurism
Being watched doing intimate things without permission.
Unwanted sexual comments or jokes
Comments about a person’s body or relationships.
Pressuring for dates or demand sex
Invitations that turn into threats or not taking no for an answer.
Indecent exposure
Being forced to watch or participate in pornography
Offensive written material
Stalking
Someone showing private parts of their body or ‘flashing’ their genitals.
Taking a photo without permission, forcing someone to be on video, or making someone watch a pornographic movie.
Sexualised notes, letters, phone messages, emails, SMS, pictures.
Repeatedly being followed or watched by someone.
How common is sexual assault?
Sexual assault is common in Australia.
It occurs across all age groups. It is largely a gendered crime – most victim survivors are female and most perpetrators are male.
Sexual assault in Australia:
• Almost 2 million Australian adults have experienced at least one sexual assault since the age of 15.
Read more sexual assault statistics in this fact sheet from the Australian Institute of Health and Welfare.
What causes sexual assault?
Sexual assault is both a consequence and a reinforcer of the power disparity existing largely between men, and women and children. It occurs within families and in multiple other settings and types of relationships.
There are many commonly held myths about sexual assault and what causes it. This resource from Victoria Police gives the facts.
What is the impact of sexual assault?
Impact of sexual assault on the lives of victim survivors is multi-faceted and complex.
It includes emotional, social, psychological, legal, health and political consequences. To facilitate a victim survivor's recovery from sexual violence, Sexual Assault Services Victoria recognises the importance of responding to each aspect in an appropriate and effective manner.
The impact of sexual assault can be compounded by factors such as gender, culture, race, ethnicity, age, sexuality, religion, ability and socio-economic class.
Read more about the common impacts of sexual assault.
What does the law say about sex and sexual assault?
The basic laws about sex are that people can’t have sex together if:
• one of them is under the age of consent
• one person doesn’t want to
• they are in the same family.
If you have sex with someone underage or against their will it is a serious crime, called a sexual offence. Maximum penalties are between five and 25 years in prison.
Find out more about sex and the law at Victoria Legal Aid.