Sexual Activity and the Law in Western Australia
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When it comes to sex, the law can be confusing. While not meant as the ultimate guide, this information will help you make sense of this complicated subject.
The law in Western Australia protects people in physical and intimate relationships.
For sexual activity to be legal in Western Australia, both partners must consent. This means they must both agree without being pressured, forced, drunk or drugged.
They must also know what they are agreeing to.
The law applies to any type of sex that involves inserting a body part or object into another person including their mouth, vagina or anus.
In Western Australia you have the right to:
- Kiss, hold hands or embrace in public
- Have same-sex relationships
- Choose whether you want to be involved in sexual activity and take your time deciding
- Say ‘yes' to some sexual activities with your partner and say ‘no' to other sexual activities with your partner
- Change your mind about sexual activity at any time
- Ask that condoms are used during sexual activity
- Access confidential medical advice, treatment or contraception regardless of your age
- Have safer sex (with condoms) if you live with HIV
In Western Australia it is against the law to:
- Have sex if you are under 16
- Have sex with someone who is under 16
- Have sex with someone under 18 who is under your care, supervision or authority e.g. teacher, doctor, coach, scoutmaster etc.
- Have sex or touch someone in a sexual way who hasn't given consent
- Have sex with your child, brother or sister including step-children and half-brothers and half-sisters
- Force, trick or pressure someone into sexual activity
- Threaten someone verbally or physically into taking part in sexual activity
- Take advantage of someone who is drunk or drugged
- Continue to engage in sexual activities with someone who has changed their mind
- Send, receive or forward sexual images via mobile phone of someone under 16
- Intentionally transmit HIV
Common Myths or Excuses
It is against the law to force someone into taking part in sexual activity even if:
- The person is behaving or dressed in a sexy way
- The person is flirting with you
- You are married or in a relationship with the person
- The person has previously had sex with you or someone else
- Either person is drunk or drugged at the time
Still confused or want to know more?
FPWA Sexual Health Services
70 Roe Street Northbridge WA 6003
Phone 9227 6177
www.fpwa.org.au
Quarry Health Centre for under 25s
7 Quarry Street Fremantle WA 6160
Phone 9430 4544
www.fpwa.org.au/services/quarry
Sexual Health Helpline
9227 6178/1800 198 205 (country callers)
Youth Legal Service
9202 1688/1800 199 006 (country callers)
www.youthlegalserviceinc.com.au
SARC (Sexual Assault Resource Centre)
9340 1828 (24 hour Crisis Line)
1800 199 888 (freecall)
Freedom Centre
(FC provides a safe space, information, support and referral services for young gay, lesbian, bisexual, queer, transgender and questioning youth)
9228 0354
Page last updated Mon, 08 Aug 2011 14:44
