Sex, Young People and the Law

Teaching resource: Consent

About this teaching resource

This resource is part of the Sex, young people and the law education program developed by the Loddon Campaspe Community Legal Centre and the Community Legal Education team at Victoria Legal Aid, first published in February 2013. This is the third edition, published November 2014.

Sex, young people and the law is designed to help young people to understand their legal rights and responsibilities and make informed decisions about sex and relationships. It covers four topics: Age of consent, Consent, Cyberbullying and Sexting.

This resource is for lawyers, teachers and educators delivering education sessions to young people on the Consent topic. It supports the PowerPoint presentation, film and activities on Consent, available at www.legalaid.vic.gov.au/sex-young-people-law

This teaching resource includes:

· a session plan

· legal background notes

· activity answers.

The session plan draws together all the components of the Consent topic of Sex, young people and the law to help deliver effective and engaging legal education sessions to young people. It contains basic legal information and key messages to guide you throughout your session. You can adapt the plan to suit the needs of your students and time allocated to the session.

The legal background notes will help you prepare your session and strengthen your legal knowledge on the topic. It is not expected that you will read these notes aloud in your session.

The activity answers will help you prompt correct responses from students during the activities. The activity sheets for students, which include activity instructions, are available at www.legalaid.vic.gov.au/sex-young-people-law

For more information on Sex, young people and the law, email Community Legal Education, Victoria Legal Aid on or call 9269 0234 and ask for Publications.

Produced by Victoria Legal Aid

Victoria Legal Aid
350 Queen Street, Melbourne 3000

For help with legal problems, call Legal Help on 1300 792 387

For business queries, call 9269 0234

First edition February 2013

Third edition November 2014

Acknowledgements: We thank Victoria Legal Aid lawyers, Loddon Campaspe Community Legal Centre, Charlotte Powell, the Department of Education and Early Childhood Development and the Safe Schools Coalition Victoria for their input into this resource.

Disclaimer: The material in this publication is a general guide only. It is not legal advice. If you need to, please get legal advice about your own situation.

About Victoria Legal Aid

Victoria Legal Aid is an independent statutory authority set up to provide legal aid in the most effective, economic and efficient manner. It is the biggest legal service in Victoria, providing legal information, education and advice for all Victorians.

Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown, child protection, family violence, child support, immigration, social security, mental health, discrimination, guardianship and administration, tenancy and debt.

Victoria Legal Aid provides:

· free legal information through its website, Legal Help phone-line, community legal education, publications and other resources

· legal advice through the Legal Help phone-line and free clinics on specific legal issues

· minor assistance to help people negotiate, write letters, draft documents or prepare to represent themselves in court

· grants of legal aid to pay for legal representation by a lawyer in private practice or a VLA staff lawyer.

350 Queen Street
Melbourne 3000
For help with legal problems, call Legal Help on 1300 792 387
For business queries, call 9269 0234

Glossary 4

Session plan: Consent 5

Preparation 5

Session plan 7

Legal background notes: Consent 12

What is consent in relation to sexual relationships? 12

The film – Trusted Moments 12

Real life cases 12

What does the law say? 13

What is consent? 13

Can consent be withdrawn? 13

What offences relate to consent? 14

Rape 14

Indecent assault 14

Sexual harassment 14

Acting in concert 15

What can happen legally? 15

How might the police get involved? 15

What happens for the accused? 15

How might this affect that person in the future? 16

Where can you get help? 16

Key messages 18

Additional resources 18

Legal information 18

Non-legal resources 19

Activity answers: Consent 20

Glossary

accused – a person charged with committing an offence

age of consent – the legal age where you can consent to sexual activity

arrest – when the police hold you in custody because they think you have committed an offence

charge – the offence that the police say you have committed

consent – when you agree to something

criminal record – a record of what happens in court. It shows findings of guilt and convictions against you for other offences

custody – when you have been arrested and the police hold you in prison

evidence – information (documents or material) used in court to prove something

hearing – when your case is at court

indecent assault – sexual acts other than sexual penetration, such as touching someone’s breasts or bottom without their consent

judge – a person who hears cases in the County Court or Supreme Court. They can make decisions about whether you are guilty or not and what penalties you will get

minor – person under 18 years old

magistrate – a person who hears cases in the Magistrates’ Court or the Children’s Court. They can make decisions about whether you are guilty or not and what penalties you will get

offence – when you have broken the law, you are said to have committed an offence. See also ‘charge’

rape – sexual penetration without consent

Register of Sex Offenders – a list of people found guilty of certain sex offences. People on this list must report to police on things such as when their personal details change and when they have unsupervised contact with children

sexual assault – common expression for sexual offences

sexual penetration – anything that involves a penis touching a vagina, anus or mouth. Or any other body part or another object touching a vagina or anus. It includes penetration to any degree

victim – the person whom a crime is committed against

Session plan: Consent

Preparation

Learning outcomes
At the end of the session students should have increased knowledge of:
· laws about consent
· consequences of breaking these laws
· where to get help.
Supporting materials
These materials are all available on www.legalaid.vic.gov.au/sex-young-people-law
· Teaching resource: Consent
· Consent PowerPoint presentation
· Trusted Moments film (embedded in the PowerPoint presentation)
· Activities: Consent for students (you will need to print copies)
· Consent wallet cards for students (email to order copies).
Technology /
· Internet connection to show the film embedded in the PowerPoint presentation. If you do not have internet connection and would like a DVD, email or call 9269 0224 and ask for Community Legal Education
· A laptop and projector to show the PowerPoint presentation and film. /
Time allocation /
This session plan is for 60 minutes. You can adapt this to suit the different needs of different student groups and the time available.
If your session is longer than 60 minutes, you can run extra activities. If it is shorter, consider running only one activity, and adjust the time allocated to each task. /
Things to consider before you begin /
Sensitive content
The content of this session may be directly relevant for students who have had personal experiences relating to the topic and may trigger strong reactions or distress. The term rape may come up. If you are not the group’s usual classroom teacher, discuss this with the teacher beforehand.
Consider whether students can choose to sit out or leave during the session.
Consider the support a vulnerable student may need from relevant staff in the school or local services. Investigate contact details for local support services, such as the Centre Against Sexual Assault, before the session.
Personal disclosures
Ask students not to discuss personal details and situations in the session. It is important to create an open environment where students feel free to ask questions, but personal disclosures may be subject to mandatory reporting requirements and should be left for private discussion.
Using real life examples
If you are a lawyer, use real life stories from your own work where possible (without disclosing any client information). This will illuminate the law and engage students in discussion. /

Session plan

Introduction / Materials
Time allocation: 5 minutes
Introduce yourself and the session
· Define consent as it relates to sexual relationships and the law: as free and voluntary agreement. The law says you cannot have sex or do anything sexual with someone unless they give their consent.
Lay the ground rules
· Explain you are not there to judge students on their relationships or behaviour but to provide information to help them make educated choices.
· Ask that students do not share any personal information or experiences. If they need advice about a specific situation, they should speak to a teacher or support service afterwards.
· Acknowledge that this session may upset some students. Those students may choose not to participate in the session.
Provide context for the session
· Explain that consent laws exist to stop people being taken advantage of by others – for example, by people in positions of power.
· Explain that the consequences of these laws are real and can have long-lasting effects. / Slide 1: Consent
Legal background notes page 12
Activity: Two truths and a false / Materials /
Time allocation: 5 minutes
Read out each set of statements and then ask students to identify the false statement in each set. After the students’ response, give the correct answer and briefly explain each false statement (below).
· Touching someone in a sexual way without their consent is called indecent assault. TRUE
· Oral sex is not sexual penetration under the law.
FALSE. The definition of sexual penetration includes a penis touching a vagina, anus or mouth.
· If someone is asleep they cannot consent to sex. TRUE
· To show you do not consent to sex, you have to say ‘no’.
FALSE. Consent (or non-consent) can be communicated verbally or through body language.
· You can withdraw your consent to sex at any time, even if it has already started. TRUE
· You can consent to one thing, like sexual touching, but that doesn’t mean you consent to sex. TRUE / Slide 2: Two truths and a false
· If you are 15, you cannot consent to sex with someone who is more than 24 months older than you. TRUE
· You can’t get in trouble for watching and egging one someone to indecently assault someone else because you weren’t actually the one doing the act.
FALSE. Encouraging someone to indecently assault a person could amount to indecent assault on an ‘acting in concert basis’. You could face the same crime and penalty as the person who did the act.
· A person accused of a criminal offence has the right to be treated innocent until proven guilty. TRUE
· If someone is found guilty of rape they could go to jail for 25 years. TRUE
· If someone is found guilty of indecent assault they could go to jail for 10 years. TRUE
· People under 18 cannot be put on the Sex Offenders Register.
FALSE. If you are under 18 you can still be put on the Sex Offenders Register for seven and a half years. / Slide 3: Two truths and a false
Film: Trusted Moments / Materials
Time allocation: 10 minutes
Ask the group to consider the following questions while they watch the film:
· Do you think Mel shows signs of agreeing (consenting) to Nick’s advances?
· After the door closes at the end of the film, if Nick touches Mel’s breasts or has sex with Mel without her consent, what crimes do you think Nick might have committed?
Click on Trusted Moments on the slide to play the film. / Slide 4: Trusted Moments
Internet connection to play the film from the hyperlinked title on the slide or a hard copy DVD.
What does the law say? / Materials
Time allocation: 15 minutes
Explain the law in response to Trusted Moments. What is consent?
· free and voluntary agreement
· a shared understanding between people
· words or body language
· something that can be withdrawn at any time
· circumstances in which there is no consent:
- if there is force or a fear of force
- if the person fears harm of any type to themselves or someone else
- if the person is unlawfully detained (illegally locked up somewhere)
- if the person is asleep, unconscious or so affected by alcohol or drugs they have no way of freely agreeing
- if the person has no way of understanding the sexual nature of the act
- if the person was mistaken about the sexual nature of the act or who the other person was
- if the person mistakenly believed the act was for medical reasons.
· It is up to the person who wants to do anything sexual to check there is consent before they do anything.
What offences relate to consent?
· Rape: when someone sexually penetrates another person without their consent
- sexual penetration is anything that involves a penis touching a vagina, anus or mouth. Or any other body part or other object touching a vagina or anus. It includes penetration to any degree.
· Indecent assault: when someone assaults a person in indecent circumstances without their consent, for example, touching someone in a sexual way.
· Acting in concert: can relate to consent when someone encourages a person to rape or indecently assault someone else. / Slide 5: What does the law say?
Legal background notes page 13
What does the law say? / Materials /
What can happen legally?
· Sexual offences are serious and the penalties are serious also.
· The police may get involved and they may investigate.
· Penalties for the accused person might include:
- court
- prison (up to 25 years for rape and 10 years for indecent assault)
- criminal record
- Sex Offenders Register
· Discuss how this might affect the person in the future. / Slide 6: Where can you get help?
Legal background notes page 15
Copies of Consent wallet cards. /
Where can you get help? / Materials /
Time allocation: 5 minutes
Hand out Consent wallet cards to students. There is blank space on the cards to add contact details of local services.
Refer to the contact details listed in the legal background notes and on the wallet cards to explain how to get help.
· If someone has been hurt, they can:
- tell someone they trust
- contact support services such as Centre Against Sexual Assault, Kids Helpline, Victims Support Agency
- contact a legal service such as Victoria Legal Aid, Youthlaw or a local community legal centre
- contact the police. / Slide 7: Where can you get help?
Legal background notes page 16
Copies of Consent wallet cards
Activities / Materials /
Time allocation: 15 minutes
Select one activity from the Consent activities. If time permits, run two activities.
Divide the class into groups of three to four. Each group should have a note-taker and a reporter.
After 10 minutes ask students to report their answers. Select a different group to answer each question.
Refer to the legal background notes and activity answers for correct answers. / Slide 8: Activities
Legal background notes pages 20-21
Copies of Activities: Consent
Pens and paper /
Key messages / Materials /
Time allocation: 5 minutes
Reiterate key messages of the session by asking the following questions. Refer to the legal background notes for extra information and correct answers.
What is consent?
· Free and voluntary agreement and a shared understanding between people.
Whose responsibility is it to check for consent?
· It is up to the person who wants to do anything sexual to check there is consent before they do anything.
Can consent be taken back?
· Yes. Consent can be taken back at any time.
What sexual offences relate to consent?
· Sexual penetration without consent is rape. Other sexual acts without consent are indecent assaults.
Where can you go for help and support?
· Centre Against Sexual Assault, Kids Helpline, Victims Support Agency, Victoria Legal Aid, community legal centre. . / Slide 9: What have you learned?
Legal background notes page 17

Legal background notes: Consent

What is consent in relation to sexual relationships?

Consent is free and voluntary agreement. This means a really clear, shared understanding between people.