Sexual harm definitions

No sexual activity should take place without your full and informed consent.

What you need to know about consent

Consent should be full, active and obvious. If there is any doubt, then there is a risk of sexual harm.

• Consent can be conditional – like consenting to sex if the other person wears a condom. In that case having sex without a condom (stealthing) makes the sex non-consensual
• Consent is limited – consenting to vaginal sex does not mean there is consent to anal sex
• Your consent should never be implied or assumed
• Your silence should never be taken as an indication of consent
• If you are expressing a lack of consent non-verbally (i.e. by not engaging or reciprocating), then the other person should identify that as a lack of active consent, and they should stop or ask you if you want to continue
• The safest ways of avoiding issues over consent is to talk openly about it
• Both people need to ensure that consent is complete, active and enthusiastic.

Legal definition for consent

New Zealand law defines circumstances where allowing sexual activity does not amount to consent.

Section 128A: was replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

Read section 7 of the Crimes Amendment Act 2005

Contacting Te Whare Tāwharau regarding consent

We recognise that the legal definitions regarding consent and other aspects of sexual harm can be confusing and/or difficult to apply to different situations.

If you have questions or would like support around defining your experiences, please call or visit the Centre during walk-in hours

Tel +64 3 479 3790
Txt+64 21 278 3795
Email tewharetawharau@otago.ac.nz

Walk-in hours can be found on the 'Contact us' page

What consent looks like

For sex to be consensual, it should be:

• Voluntary
• Affirmative
• Conscious
• Mutual

Some examples of giving consent include:

• Saying yes
• Nodding yes
• Reciprocal touch

Lack of consent may be communicated non-verbally by:

• Not moving or freezing-up
• Not actively engaging
• Not responding mutually
• Defensive body language or posture

Consent cannot be implied even if consent has been given for previous sexual activity.

It is not considered to be consent if you agree to sexual contact because you have been threatened.

Threats, force or intimidation could involve:

• Physical restraint
• Threatening harm to you or your family
• Blackmail
• Threatening job loss or academic repercussions for refusing sex

Sexual assault is unwanted, non-consensual sexual contact, including:

• Touching
• Kissing
• Fondling
• Penetration
• Rape

Some examples of sexual assault include:

• Grabbing someone's breasts or bottom
• Penetrating someone's mouth, vagina, or anus with fingers, objects, or a penis
• Oral/genital contact

It may involve the use of alcohol or other drugs to render a target incapacitated and unable to resist.

Defining dating violence

Dating violence involves being harmed in any of the following ways:

• Physically
• Emotionally
• Sexually

The harm is caused by someone you are dating, it includes injury or the threat of injury, in person or via the internet or text.

Defining domestic violence

Domestic violence also involves these types of harm. But, in the context of a relationship, partnership or family situation where people live together.

Examples can include:

• Physical violence
• Controlling who you can see
• Monitoring your devices
• Surveillance
• Saying harmful, degrading or derogatory things

For people who are flatting

It is important to know that domestic violence can also be used to cover violence that occurs in a flatting situation.

Sexual harassment is behaviour where someone makes unwelcome and inappropriate sexual references or physical advances. This can take place in a workplace, or other professional or social situations.

It could be someone asking for sexual intercourse, sexual contact or any other form of sexual activity.

Or it could be using language, visual material or physical behaviour of a sexual nature towards a person that is:

• Unwelcome or offensive to that person
• Repetitive, demeaning, threatening or intimidating to that person

See the University of Otago Ethical Behaviour Policy for additional information

Stalking is unwanted repetitive contact (physically or electronically) that causes you to be fearful or concerned for your personal safety.

Stalking can involve:

• Monitoring
• Observing
• Surveying
• Lying in wait
• Threatening communication
• Intrusive communication including messages or gifts

Harmful digital communications are illegal. They can include the making and sharing of any digital recording that is intimate in nature and is made or shared without your consent.

Netsafe is a government agency that helps prevent and punish harmful digital communications. More information on what is included in the definition of harmful digital communications can be found here...

Visit Netsafe for more information on what harmful digital communications

Retaliation involves harm, or the threat of harm, towards someone for filing a complaint or seeking support. It can be done by an institution, organisation, or individual.

It can be done in person or online. Examples of retaliation include:

• Revenge porn
• Threats
• Attacking or defaming one's character

While these terms and definitions are a helpful tool to explain an experience of sexual harm, we understand that they aren't applicable to all situations.