5 core concepts of sexual consent

About the 5 core concepts of consent  

The Australian Government has developed a framework to support those working to prevent sexual violence, to promote healthy sexual relationships and sexual consent to young people. 

The Commonwealth Consent Policy Framework: Promoting healthy sexual relationships and consent among young people defines sexual consent as a free, voluntary and informed agreement between people to participate in a sexual act.  

This agreement is only present when these people mutually and genuinely feel they want to engage in that sexual act and actively make sure their partner does too. 

Below is a summary of the 5 core concepts from the framework.  

1 – Consent is free and voluntary 

Consent is always a free choice. There is no consent if any person involved: 

• experiences violence 
• is forced or pressured to do something  
• feels intimidated or threatened 
• feels humiliated 
• has something taken away 
• is being spied on or tracked 
• is being controlled.  

Consent doesn’t come with conditions. It should be given freely and genuinely and without hesitation. 

 2 – Clear and informed 

Everyone feels genuinely sure or enthusiastic and knows what they’re agreeing to. Consent is when everyone: 

• wants to take part in the sexual activity 
• understands what that sexual activity is. 

Agreeing to one sexual activity, like kissing or touching, doesn’t mean agreeing to other sexual activities. Everyone must also agree on how the activity will happen. Partners must check about the use of condoms and contraception. 

3 – Affirmative and communicated 

Consent is all about communication. Sexual partners need to actively say or do something to check if their partner wants to take part in a sexual activity.  

People can communicate consent by: 

• speaking 
• showing without words, for example enthusiastic body language, active participation, pulling closer  
• writing it down, for example in the case of online sexual activity.  

People must check if their sexual partner wants to take part in a sexual activity. Not saying ‘no’ doesn’t mean that someone agrees; they must communicate that they agree. If there are any signs of hesitation or uncertainty, like freezing, it means the person does not consent. Physical arousal also does not mean there is consent. There aren’t different levels or degrees of consent. There is either consent or no consent. 

4 – Ongoing and mutual 

Consent is an ongoing and shared process. It’s the responsibility of everyone involved to make sure there is consent at all times. You don’t just communicate it once before starting the sexual activity, as anyone can withdraw consent at any time during the sexual activity. 

If one person consents but another doesn’t, then there’s no consent. All people must want to take part in the sexual activity. 

5 – Able and capable 

Everyone involved in a sexual activity needs to be able to consent or communicate that they don’t. People can’t consent if they are: 

• under the age of consent (either 16 or 17) – this varies in different parts of Australia and there are exceptions for people consensually having sex who are close in age 
• drunk, high or heavily affected by drugs or alcohol 
• unconscious – not awake and alert.  

Sexual partners need to actively say or do something to check if their partner is capable and wants to take part in a sexual activity. 

Additional resources 

The Line is a website for young people that talks about what's ok and what's not when it comes to sex, dating and relationships. The site contains hundreds of articles, quizzes, clips and interviews with and for young people.