Consent denotes the voluntary and unambiguous agreement to partake in any form of sexual activity, encompassing sexual intercourse and oral sex. It is crucial to ensure explicit consent from the other person before engaging in sexual activities; otherwise, the situation may be considered as sexual assault. It is important to recognise that consent can be revoked, and an individual holds the right to withdraw their consent at any juncture, irrespective of whether the sexual acts have commenced or not. In such a scenario, all sexual activities must promptly cease.
The legal age of consent in NSW is 16 years old, rendering any sexual activity with a person below this age unlawful. However, there exists one exception to this rule: a person aged between 14 and 15 years can legally consent to sex with an individual who is not more than 2 years older than them, provided the older person is not in a position of authority over the minor.
In certain circumstances, a person may be considered unable to provide consent. Several common examples of such situations include:
1. Inability to give consent due to age, mental, or physical impairment.
2. Being in a state of sleep or unconsciousness.
3. Being significantly influenced by drugs or alcohol.
4. Being subjected to threats or coercion.
5. Being restrained against one’s will.
6. Being manipulated into giving consent.
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