Understanding sexual assault and sexual harassment

Find out more about what behaviours may be considered sexual assault or sexual harassment at the University.

Sexual assault

Sexual assault is sometimes called rape. It occurs when a person is forced, coerced or tricked into sexual contact against their will or without their consent, or if a child or young person under 18 is exposed to sexual activities.

Sexual assault is a crime. Sexual assault is not the victim's fault.

Many victims of sexual assault know the person who assaulted them, such as a family member or friend or someone from work, school, or another social group. But some victims are also assaulted by people they do not know.

The terms commonly used in the community to describe types of sexual assault are different from the legal terms used to prosecute offenders in the courts.

Sexual harassment

Sexual harassment is any unwelcome behaviour of a sexual nature that makes a person feel offended, humiliated or intimidated.  It can happen during face-to-face interaction, or online. Behaviours include:

  • discussions of a sexual nature or graphic sexual description
  • sexual innuendos, slurs, jokes and comments
  • asking personal questions about a person’s sex life or body
  • repeated unwanted requests for sex and/or dates
  • lewd gestures such as hand signs to indicate sexual activity
  • displaying or distributing sexually suggestive visuals including pictures, calendars, posters, or sexually explicit materials such as videos or text
  • inappropriate touching such as patting, pinching, stroking or brushing up against the body
  • touching or rubbing oneself sexually around another person, or exposing yourself
  • Behaviour that is mutual and consensual is not sexual harassment.

You can find out more about behaviours that Macquarie University considers may be sexual harassment, in the Student Sexual Misconduct Prevention and Response Policy.

Consent

Consent is when a person freely and voluntarily agrees to sexual activity. Sexual assault occurs when someone does not give consent or is incapable of giving consent.

In NSW, the legal age of consent for sexual activity is 16 years old, regardless of gender.

The law requires that consent is “affirmative”, meaning that if for someone to be able to  take part in any sexual activity they need to say or do something to show consent, and the other person needs to say or do something to seek consent.

  • Consent must never be presumed.
  • Silence is not consent. A person not physically or verbally resisting is not consent.
  • Consent is an ongoing process. A person can change their mind and withdraw their consent at any time.
  • A person is not capable of consenting if they are so intoxicated by alcohol or drugs that they are unable to choose or refuse to participate in sexual activity.
  • Consent is free from coercion and it is voluntary.
  • Consent must be present for every sexual act. If someone consents to one sexual act, it does not mean they have consented to others.
  • A person cannot consent if they are asleep or unconscious.

Online sexual abuse

Behaviours online can also be considered sexual abuse and can be criminal acts.

This can include sharing intimate images without consent or threatening to share them without consent, online stalking and online sexual harassment.

Find out more about online behaviours which are considered abuse, and how to respond at the eSafety Commission website.

Student Diversity and Inclusion