If someone does a sexual act to you without your consent, they are breaking the law. This includes things like unwanted sex or touching, or someone taking or sharing a naked picture of you without your permission. These organisations can also help you through the process of reporting to the police, if you want to. Note: This section contains descriptions of sexual offences that might be distressing to read. Consider reaching out to a support organisation or a trusted friend.
You can also come into a Community Law Centre to get free, non-judgemental, and confidential legal advice — you can bring a support person with you. The law is a bit different if the harm happens to someone under 16, because it is a more serious offence for someone to do a sexual act with a minor.
This includes physical things like if someone touches intimate parts of your body, and other things, like sexting, or having a naked picture of you on their phone. Crimes Act , ss Sexual violation is the name of the crime. This is an umbrella term for both rape and unlawful sexual connection. Any actions that fall within the definition of sexual violation will be taken equally seriously and, if convicted, the offender will face the same maximum penalty.
Crimes Act , s Indecent exposure includes when someone intentionally flashes or shows you their genitals without your consent. Crimes Act , ss GK. It includes photos or videos of you involved in a sexual activity, showering, using the bathroom, or getting changed. If someone takes intimate visual recordings of you without your consent, they are breaking the law. Harmful Digital Communications Act , ss 22, 22A. If someone else shares an intimate visual recording of you online without your consent, this is an offence under that Act.
The person who shares the recording is breaking the law. If someone shares other kinds of harmful information — for example, if someone is spreading rumours about your sex life online — the context and details of the communication will impact whether it is an offence or not.
