In the Northern Territory the legal term for rape is ‘sexual intercourse without consent.’

A person commits sexual intercourse without consent if the person:

• has sexual intercourse with a person, and
• knows the person is not consenting, or
• is reckless as to the lack of consent.

The definition of sexual intercourse includes:

• insertion of a penis into the vagina, anus or mouth of another person,
• the insertion of any body part or object into the vagina or anus of another person (for a non-medical purpose), and
• oral sex.

Remember, a person cannot consent to sexual intercourse if they:

• are asleep, unconscious or so affected by alcohol or drugs that they are unable to consent to sex,
• are mistaken about or unable to understand the sexual nature of the act, or
• submit to sex because they are pressured to do so by threats or are unlawfully detained.

If you have been raped or sexually assaulted then you should report it to the police right away, by calling 000.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

You can contact the Sexual Assault Referral Centre for counselling and crisis response. SARC services are located in Alice Springs (phone 08 8955 4500), Tennant Creek (phone 08 8962 4361), Katherine (phone 08 8973 8524), and Darwin (phone 08 8922 6472).

You may also wish to contact the Ruby Gaea Darwin Centre Against Rape Inc. on 08 8945 0155. Ruby Gaea is a professional counselling and advocacy service for women and children survivors of sexual assault.

For legal advice following an experience of sexual assault you should contact the Central Australian Women’s Legal Service on 1800 684 055 for advice and assistance. Alternatively you may wish to contact the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation on 08 8953 6355 or 1800 088 884.

Depending on where you live, alternatively you could contact the Katherine Women’s Information and Legal Service on 08 8972 1712 or 1800 620 108; or the Top End Women’s Legal Service on 08 8982 3000 or 1800 234 441.

In the ACT the legal term for rape is ‘sexual intercourse without consent’.

A person can be charged with this offence if they engage in sexual intercourse with another person:

• without the consent of that other person, and
• they are reckless as to whether that other person consents.

“Sexual intercourse” means the penetration to any extent of the vagina, genitalia or anus of a person by any part of the body of another person (including oral sex), or penetration by an object being carried out by another person.

Remember, a person cannot give consent if they are forced, or threatened, or a drunk or asleep.

If you have been raped or sexually assaulted then you should report it to the police right away. You can also contact the Canberra Rape Crisis Centre on their rape crisis response number, 02 6247 2525. The service operates between 7am and 11pm, 7 days a week.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

In Western Australia the legal term for rape is sexual penetration without consent.

The definition of sexual penetration includes:

• penetration of the vagina, anus or mouth by a penis,
• penetration of the vagina or anus by another body part or by an object manipulated by another person, and
• includes oral sex.

Remember, a person cannot give consent if they are forced, or threatened, or a drunk or asleep.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

Sexual assault matters should be reported to your local police station or by calling the police on 131 444. The Sexual Assault Squad can be contacted by telephone on 08 9428 1600.

The Sexual Assault Resource Centre also provides services to people who have been sexually assaulted or sexually abused. Services include a free 24 hour emergency service consisting of medical, forensic and supportive care and a free counselling service.  The Sexual Assault Resource Centre can be contacted on the 24 hour emergency line 08 9340 1828 or free call from a land line 1800 199 888.

It is a crime for a person to have sexual intercourse with another person without their consent.

In New South Wales, sexual intercourse includes penetration of the genitalia or anus by a penis, any other body part, or an object being manipulated by another person. It also includes oral sex.

If you have been raped or sexually assaulted then you should report it to the police. It is important that you do this right away because you may need to go to hospital for some tests so the police have evidence of the crime – if you wait a couple of days or longer the tests won’t be as effective. You should also contact the Rape Crisis Centre/Sexual Assault Hotline on 02 9819 6565 or 1800 424 017.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

In Victoria, the crime of rape occurs where a person:

• sexually penetrates someone without their consent, either:
  • while being aware that the person is not consenting or might not be consenting, or
  • while not giving any thought to whether or not the person is not or might not be consenting.

Rape can also occur where a person:

• continues sexual penetration after becoming aware that the other person is not consenting or might not be consenting, or
• makes the other person sexually penetrate (or not stop penetrating) them or another person. It does not matter if the person being penetrated consents to the act.

Sexual penetration means putting any part of the penis into the vagina, anus or mouth. It also means putting any part of an object or another part of the body, for example, finger or tongue, into the vagina or anus of another person. The penetration can be just the tip of the finger or penis and can happen for even a very short time. It does not matter if semen comes out or not.

Remember, a person does not consent if they were physically forced or threatened, or if they were asleep, unconscious or drunk.

If you have been raped or sexually assaulted you should report it to the Victoria Police Sexual Offences and Child Abuse Investigation Team (SOCIT). You can find your local SOCIT Unit this link.

You should also contact the Victorian Centres Against Sexual Assault (CASA). You can find a list of the different centres here on their website.

You can also contact the Sexual Assault Crisis Line on 1800 806 292 for counselling and information.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

In South Australia, a person can be charged with rape if they have sexual intercourse with another person without consent, while knowing or being recklessly indifferent as to whether there is consent.

‘Recklessly indifferent’ means a failure to consider the other person’s wishes. This includes if the person:

• is aware the other person might not be consenting, but continues anyway,
• is aware the other person might not be consenting and does not take steps to find out if the other person is consenting, or
• does not give any thought to whether the other person is consenting.

Sexual intercourse includes any activity, whether heterosexual or homosexual, involving penetration of a person’s vagina, labia majora or anus by any part of another person’s body or by any object or oral sex.

Remember, consent is free and voluntary agreement, and a person cannot consent if they were forced, threatened, drunk, unconscious or tricked.

If you have been raped or sexually assaulted then you should report it to the police straight away by calling 000.

SA support services for sexual assault include:

• Yarrow Place Rape and Sexual Assault Service is the lead public health agency responding to adult rape and sexual assault in South Australia. It is a community service which provides direct services to people who have been raped or sexually assaulted and who were 16 or more at the time of assault. All services are by appointment which can be made by calling 08 8226 8777.
• Respond SA provides highly confidential counselling services free of charge. Phone on 08 8223 4566 or 1800 182 325 (free call for rural areas).
• Relationships Australia (SA) – you can call if you are an adult survivor of childhood sexual abuse and would like to receive counselling in relation to the abuse on 1300 364 277.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

In Tasmania, the legal term for rape is ‘unlawful sexual intercourse’.

Sexual intercourse includes penetration of a person’s vagina, anus or mouth by a penis, a body part other than a penis or an object manipulated by another person.

Remember, consent means free agreement. A person cannot consent if they are unconscious, asleep, or drunk. A person is not consenting if they agree because they are threatened or forced, or because they don’t understand that the act is a sexual act.

If you have been raped or sexually assaulted then you should report it to the police right away. You can also contact the Sexual Assault Support Service on their rape crisis response number which operates 24/7 on 1800 697 877.  You can also call them for other assistance on 03 6231 0044, Monday to Friday 9:00am-5:00pm.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.

In Queensland, the crime of rape occurs where a person:

• has carnal knowledge with or of the other person without consent (penetration with the penis),
• penetrates the vulva, vagina, or anus of the other person with anything or any part of the persons body that is not a penis without consent, or
• penetrates the mouth of the other person with the person’s penis to any extent without consent.

Remember, for a person to consent to sexual activity they must be able to understand what they are consenting to, and be freely giving their consent.

If you have been raped or sexually assaulted then you should report it to the police right away by calling 000. You can also contact the Statewide Sexual Assault Helpline on 1800 010 120.

You can speak with a counsellor 24/7 by calling the free, nationwide service 1800Respect on 1800 737 732.