Updated September 3, 2025
Updated September 3, 2025
The article Consent Laws in Victoria: What You Need to Know is written by Maya George, Associate, Doogue + George Defence Lawyers.
Maya is a lawyer based in our Melbourne office. She has a broad criminal law practice and regularly represents clients charged with serious indictable offences, including sexual offences, from the earliest stages through to trial or plea.
Maya brings a compassionate, strategic approach to these complex cases, working closely with barristers to ensure every matter is thoroughly prepared. She is committed to providing clear, pragmatic advice and supporting her clients through what is often an overwhelming and highly sensitive process.
Understanding consent laws in Victoria is important for anyone involved in a sexual relationship. No matter your personal circumstances, whether a young adult, a parent, or someone facing a legal issue, you should know the legal definition of consent in Victoria, how it’s applied, and what has changed in recent years.
This blog covers the key aspects of consent under Victorian law, including recent reform, real examples, and answers to commonly asked questions about sex offences and consent.
Section 36 of the Crimes Act 1958 (Vic) defines consent and is the foundation of how courts assess whether a sexual act was consensual, and lawful. Following recent amendments, consent in Victoria is now defined as “free and voluntary agreement”.
Importantly, Victorian law now says that consent cannot exist if a person does not say or do anything to indicate consent. This new definition of consent adopts an affirmative consent model, requiring people engaging in sexual activity to take steps to find out whether the other person consents. It cannot be assumed from silence, lack of resistance, or past sexual history or habits.
Consent must be freely given, ongoing throughout the activity, and given by someone who is capable of consenting.
Consent can be withdrawn at any time, including during the course of sexual activity. Consent may also be given for some sexual activities, and not others.
There have also been recent updates to the directions that are given to juries in sexual offence trials, aimed at reflecting more modern ideas about sexual behaviour and the responses of people who have been sexually assaulted.
The Crimes Act spells out a number of situations as examples of where consent cannot be established. These include circumstances where a person:
The legal age of consent in Victoria is 16. Engaging in sexual activity with a child under 16 is a criminal offence; consent is not a defence. Specific charges exist to criminalise this behaviour, such as sexual penetration of a child. These offences carry significant penalties and commonly result in imprisonment.
There are exceptions to the age of consent. For example, if a child aged 16 or 17 is under a person’s care, supervision or authority—such as, if the person is the child’s teacher, coach or employer—it is a criminal offence to engage in sexual activity with the child.
If a person is so affected by alcohol or drugs that they can’t understand the nature of the act or cannot communicate clearly, they are not capable of giving consent. Similarly, if someone is too intoxicated to withdraw consent, then consent cannot be established. This can be a central issue in many sex offence cases.
Affirmative consent means taking proactive steps to confirm whether the other person wants to engage in sexual activity. This can involve verbal communication or other clear, unambiguous signals.
Yes. A person can withdraw consent at any point. Continuing sexual activity after consent is withdrawn can lead to criminal charges, including rape or sexual assault.
No. Prior sexual history does not imply consent to future acts. Each encounter must involve a new, explicit agreement.
False allegations do happen. If you are under investigation or have been charged, it is critical to seek legal advice immediately from a criminal defence lawyer in Victoria.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
