A person commits sexual assault if they intentionally touch another person, the touching is sexual, and the person does not consent.
Consent
A person must have the capacity to give free agreement. Capacity is based on the person
- being the right age
- being sober enough
- having the mental and physical ability to freely agree
- not being threatened or afraid of harm
- not being detained against their will
- Tea Consent
Sexual assault behaviours include
- rape
- a sexual act without consent
- attempted sexual assault
- inappropriate touching without consent