What is sexual misconduct?

Sexual misconduct is any uninvited or unwelcome behaviour of a sexual nature, or which can reasonably be interpreted as sexual, that offends, embarrasses, harms, humiliates or intimidates an individual or group. It also includes any sexual activity that takes places without consent.

Sexual misconduct encompasses elements of harassment, violence and abuse and can be physical, verbal or visual. It can take place within and across different genders.

Cultural or social norms, such as rigid gender roles, can also increase the risk of misconduct and people with protected characteristics may experience sexual misconduct alongside other forms of discrimination.

In this resource we’ve given examples of the forms that sexual misconduct can take.

Consent

To consent to sexual activity, you have to agree to it clearly and freely, and have the capacity to do so.

You can’t consent to sexual activity if you’re:

• forced, manipulated, threatened, or pressured into it
• underage (younger than 16 years old)
• asleep, unconscious, or drugged.