This factsheet is a general guide only. It is not legal advice. Call the Legal Helpline on 1300 366 424 or text using Legal Chat via lsc.sa.gov.au for confidential advice about your situation.
Many people are or become interested in sexual activity. We all have sexual rights and responsibilities. We have the right to decide when, where and with whom we would like to be sexual.
We do not have the right to be sexual with someone if we are not sure that they are into it. We must be sure that the people we are sexual with actively consent to any sexual activities done together.
Every time you do anything sexual, from touching and kissing to any other form of sexual activity, everyone involved must consent from start to finish.
Consent means free and voluntary agreement. Consent means only doing something because everyone involved really wants to. There is no consent if anyone is feeling pressured, obligated, or unsure. There may not be consent if someone is drunk or affected by drugs.
People might consent to one thing, but not to others. People might consent to begin with, and then change their mind. That is their right. If you are not sure whether the other person wants to keep going but you keep going anyway, you commit a crime.
There must be consent throughout the sexual experience and for each and every act. You must not assume someone consents because:
People can show sexual consent through words or actions. If you are getting mixed signals, or you are unsure whether someone consents, it is your responsibility to stop what you are doing.
Check with words by asking:
Check their actions:
In South Australia, the age of consent is 17. It is illegal to have sex with someone who is 16 years old or younger, even if they agree.
This is the law for anyone of any age. If you are 17 and your partner is 16, you cannot lawfully engage in sexual activity until you are both 17 or older.
If you are both under 17, it is up to the police to decide what to do if sexual activity between you is reported. The police will consider:
For a person in a position of power or authority over someone under 18, the age of consent is 18. A person who is 17 or younger cannot consent to sex with a person in a position of authority, such as their:
Sexual activity without consent is sexual assault. This is a serious criminal offence with serious penalties including prison. Unwanted sexual behaviour and sexual harassment is never okay.
While sexual activity without consent is a crime, sexual activity with consent is more enjoyable, satisfying, respectful and fun for everyone involved.
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Legal Services Commission 1300 366 424
Free and confidential legal advice
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24/7 sexual assault crisis centre
1800 RESPECT 1800 737 732
24/7 sexual assault, domestic and family violence counselling service
With Respect 8300 5300
Family, domestic and sexual violence counselling service for LGBTIQA+ people
May 2026
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