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We all have sexual rights and responsibilities. We all have the right to decide when, where, in what situation, and with who we would like to be sexual with. We all have the responsibility to make sure that the people we want to be sexual with actively consent to whatever sexual activities you do together. People might consent to one thing or a few things, but not to others.

People might consent to begin with, and then change their mind. Sexual consent means only doing something sexual because everyone involved really wants to and are making an active choice to be involved and continue, not because anyone is feeling pressured or unsure.

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Consent is all about free and voluntary agreement which means that for consent to be present, the law says that people must:. There must be consent throughout the whole sexual experience and for each and every act. The law is clear that we should never assume someone is consenting. We should never assume that a person is consenting because they have said yes at other times or because of their reputation or the way they act or dress.

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People can show sexual consent by words or actions. We all have the right to react in different ways. Going on could be sexual assault. Are they showing enjoyment? Is their body language consistent with what they say? There are laws about not having a sexual relationship with people under a certain age. A person can be charged with a sexual offence if they are involved in a sexual act that breaks these laws, even if the young person under the age of consent agreed to be involved.

These laws apply even if the people are in a relationship with each other.

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The age of consent in SA is This means that it is against the law for anyone to have sex with someone who is under For example, an 18 year old who has sex with a 15 year old. If the older person is in a position of power or authority over the younger person e.

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This means that the young person must be 18 or older before the law says that they are capable of consenting to that sexual relationship. Even if you both agree, the law will say that the person who is over the age of consent is breaking the law for having a sexual relationship with someone under There are a whole lot of factors which effect whether police decide to charge or prosecute someone for having sex with someone under the age of consent.

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While it is less likely that police will charge two people who are, for example, both 16 and agree to have sex, if it looks like there may be a power imbalance, or things look more complex, they might still follow through with this. Therapeutic Youth Services — telephone SHine SA — counselling service — telephone Child and Youth Health Service — telephone Toggle.

Legal Help for all South Australians. Refine .

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Search by. Sex and Consent Disclaimer: The material in this factsheet is a general guide only. It is not legal advice. For legal advice about your own particular situation we encourage you to call the Free Legal Helpline on The legal information was correct at the time of publishing Januaryhowever may change without notice. Disclaimer Privacy Accessibility Adviser.

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