Consent Position Statement

This policy paper addresses consent in relation to sexual activity between two or more people. This policy

paper will inform Family Planning Tasmania’s position on consent, informing how we teach and talk about

sexual consent in a clinical setting, through our education programs and one-on-one education sessions.

Further, this paper will inform our advocacy and how we talk about consent when proposing legislative

reforms and public initiatives.

Definition of consent to sex

Sexual consent is a free agreement between you

and your partner(s) to have sex or participate in any

To say ‘Yes’ a person must be free to also say ‘No’

- and someone cannot be pressured into giving

their consent. It is not enough to assume someone

is consenting (wants sexual/intimate activity) just

because they are present/participating. Everyone

involved has to actively take steps to make sure

everyone participating really wants to be there. The

simplest way to establish consent is to ask. Everyone

must honour the conditions of the consent - ie, it is

considered rape to not wear a condom, damage or

be coerced into saying ‘Yes’ and consenting when

they don’t really mean it. Sexual coercion might be due

to threats or the use of force, unlawful detainment or

actual or perceived violence to themselves or others.

The law also recognises that someone might submit

to sex if one person is in a position of power over the

other. This is particularly prevalent where there is a

known or suspected physical or cognitive disability

among one or more sexual partners.

There are four things to consider when assessing

the nature of the act?

There may be times when a person can’t make

choices about what happens with their body, and this

means no consent is able to be given, that they cannot

consent.

There are a number of ways this could occur,

such as a person’s age, due to the threat

of violence, coercion (pressure or force),

cognitive or physical ability, or being

drunk or on drugs. The law in Tasmania

being close in age may be used as a defence under

the Criminal Code.

In Tasmania the law recognises:

• People under 12 cannot consent to sex, sexual

touching or witnessing a sexual act at all (they are

too young to consent under any circumstances).

• People between 12 and 15 years old cannot

consent to sex, sexual touching or witnessing a sexual

act with anyone more than three years older than

them (this can be used as a defence)

violence; sexual touching without consent is assault;

and sex without consent is rape. Sexual violence,

sexual assault and rape are against the law. Not only

is assault illegal, it can also be traumatising. Assault

can have lasting and harmful consequences on the

person’s mental health and future relationships.

Sexual violence can also include coercion, physical

force, rape, sexual assault with objects, being forced

to watch or engage in pornography, enforced

prostitution or being made to have sex with other

experience for all involved.

5 things you need to know about consent. ReachOut

Australia. 2022 Accessed online at https://au.reachout.

of America. Accessed online at https://www.

legalaid.tas.gov.au/wp-content/uploads/2016/03/Age-

of-consent-for-sex-fact-sheet-Legal-Aid-Tasmania.pdf

Accessed online at https://www.fpnsw.org.au/health-

information/consent-and-sex/consent-and-sex

Affirmative Consent laws passed in NSW. Lawyers

Weekly. 2021. Accessed online at https://www.

consent-laws-passed-in-nsw

Health and Wellbeing for Women Action Plan 2020-23.

from a one night stand, to a casual relationship

through to a long-term relationship.

Family Planning Tasmania’s position-

Strengthening legislative and legal

protections towards affirmative consent

Some Australian jurisdictions are changing their

definitions of consent towards enthusiastic,

affirmative consent and expanding their legislative

definitions of what constitutes consent and how to

seek it.

determine whether the other person consents to

the sexual activity.

This outlines a requirement to seek consent, and

places the onus on the alleged perpetrator in a

criminal trial to have taken action to establish

consent. This means that prosecution would be

focussed on the actions of the perpetrator rather

than the actions of the victim-survivor in criminal

trials. This would also help victims in feeling better

supported to make complaints.