Understanding consent and sexual assault

Sexual assault is any type of unwanted sexual act inflicted upon a person without their free and voluntary consent and may involve a broad range of behaviours from unwanted sexualised touching through to penetration. Sexual assault is characterised by behaviours that involve the use of force, threats, coercion or control towards a person, and makes that person feel uncomfortable, distressed, frightened or threatened, and/or is carried out in circumstances under which the person has not freely agreed or consented to, or is incapable of giving consent.

Sexual harassment is an unwelcome sexual advance or request for sexual favours or conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. In the context of the College’s policy and procedures, sexual harassment includes, but is not limited to:

• Intentional and unwelcome acts of physical intimacy including touching or kissing
• Requests or demands (directly or by implication) for sexual favours
• Repeated sexual requests or requests for dates after the person has said no
• Persistent comments on how a person looks or is dressed
• Persistent comments on a person’s sex life or sexuality
• Sexually explicit emails, text messages, social media posts or messages
• Degrading sexual jokes and comments
• Sexually explicit banter or conversation
• Sex-based insults, taunts or name-calling
• Staring or leering

Consent is the free and voluntary agreement to engage in sexual activity of any kind. In the context of the colleges policy and procedures, consent is defined as the act of willingly agreeing to engage in sexual activity and requires that a person is able to freely choose between two options: yes, and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. The age of consent to sexual activity in South Australia is 17 but this increases to the age of 18 if a person is in a position of authority over another person. The age of consent to sexual activity and the definition of consent may vary across Australian state and territory jurisdictions as well as internationally.
Consent will not be considered to have been given where a person:

• Is incapable of consenting to the activity because they are
• asleep;
• unconscious; or
• intoxicated by alcohol or any other substance to the point of being incapable of giving free and voluntary consent to sexual activity
• Consent cannot be assumed where a person:
• is silent
• is not fighting back (an absence of physical resistance does not equal consent)
• says ‘no’ or ‘maybe’ (an absence of verbal protest does not equal consent)
• is forced or coerced
• is threatened
• is manipulated by authority

There is a range of support options available to you if you have experienced sexual assault or harassment. It doesn’t matter if the incident occurred recently or a long time ago, if it happened on-campus or off-campus, or whether you are a student or a staff member. Support is always available and we encourage you to make use of the free and confidential counselling services both at Eynesbury College or, if you prefer, outside of the College.

People who have been subjected to sexual assault or sexual harassment can experience a range of effects which can have an impact on their studies. The college may be able to help you by getting extensions on assignments, extra time in exams or deferred exams. You should contact our Counsellor to make an appointment as soon as possible to discuss your options and to seek emotional support.

Support is always available and we encourage you to make use of the free and confidential services both at Eynesbury or, if you prefer, outside of the College. You can anonymously seek confidential support from Lifeline Australia 24 hours a day, 7 days a week by calling 13 11 14 or by accessing the crisis support chat Crisis Support – Chat | Lifeline (lifelinedirect.org.au) between 6.30pm and 11.30pm 7 days a week.
Alternatively, you can also call the National Sexual Assault, Domestic and Family Violence Counselling Service 1800RESPECT on 1800 737 732. This is a free, 24 hour a day/7 day a week service.

Disclosure is telling someone about an incident of sexual assault or sexual harassment and/or seeking advice or support without necessarily initiating a formal report with the college or externally to the Police or Equal Opportunity Commission (EOC) for sexual harassment. This does not preclude you from making a formal report to the college or the police at a later stage – you can do so at any time.

Please note: If you are under the age of 18 and disclose a sexual assault, the Eynesbury College is legally obliged to report the matter to the Child Abuse Report Line (CARL).

Reporting an incident of sexual assault or sexual harassment is a formal process, requiring a response from the college, in line with relevant policies and procedures. This can mean taking the appropriate action in conjunction with the police, professional bodies or other government agencies, such as the Equal Opportunity Commission, in order to investigate and resolve the matter.

You can also choose to report the incident to the police or Equal Opportunity Commission

The information you provide is treated confidentially and information shared only with those who need to know in order to investigate and resolve the matter. However, there are exceptions, where the college may need to make further disclosures, including:

• when we believe you or a member of the college community is in danger
• when a person aged under 18 years of age is involved
• to assist in making safety plans
• to arrange support for you
• when the state or federal law requires it

Yes. It is up to you what information you provide to us and you can use the online reporting system when you want to ensure that the college is aware that an incident happened, but you don’t want to reveal your identity. If you decide to make an anonymous report, we are limited in the follow-up action we can take. For example, the college is unlikely to commence a formal investigation based upon an anonymous report. However, if a number of anonymous reports highlight particular activities or areas of risk, the college may take steps to reduce the risk of further incidents occurring. You may also make an external anonymous report through the ‘Sexual assault report anonymously’ (SARA) website.

If you are under the age of 18 and report a sexual assault, the Eynesbury College is legally obliged to report the matter to the Child Abuse Report Line (CARL), which is part of the Department for Child Protection (DCP). Workers from DCP may get in touch with you, especially if your safety is at risk. DCP will also forward the information about the sexual assault to the police. The police may contact you to discuss what happened and if you would like to report it to the police for investigation.

Eynesbury has a zero tolerance policy for sexual harassment and sexual assault. However, we will never take action without conducting a full investigation during which the respondent will be provided with the complaint details and given an opportunity to respond. Students or staff accused of sexual assault or sexual harassment can take the following steps:

Seek advice and support

Acting immediately when you may be upset, angry, confused or shocked is unlikely to help your case. It is always better to seek advice and support first so that you can take informed action.

Find out about the investigation process

You are entitled to understand your rights and the process of a college investigation. Asking questions about this will never be linked to an assumption of wrongdoing.

Access support

Students can access free and confidential emotional support from the Counsellor. Staff can access free and confidential emotional support from the Employee Assistance Program (EAP) AccessEAP

Be prepared for possible scenarios

• Interim Action:
  In some situations, Eynesbury may need to limit your contact with the college during an investigation. This is not a punishment. It may be necessary to protect yourself from further complaints. If Eynesbury decides that interim action is required, you will be notified in writing and have the option to appeal this decision.

• Police Investigation
  A report may be made to the police as well as the college. In this case, Eynesbury cannot perform its own investigation until the police investigation has concluded. Eynesbury can use information from, or the outcome of, a police investigation in its own internal investigation. Eynesbury may pass information to police when someone is at immediate or significant risk or when the police have asked us to.

Disclosing an incident of sexual assault or sexual harassment is a big step to take for the person disclosing, so it’s important to respond with empathy and to offer support. For detailed information on what you can say, do and how you can help, please see the providing support page.

International students who have been subjected to sexual assault or sexual harassment can often be fearful of what this can mean for them in terms of costs to access services, privacy in accessing services and if it will have any effect on their student visa. The following questions are common concerns raised by international students:

No. If you are reporting a sexual assault or sexual harassment you do not need to tell the Department of Home Affairs as it does not have any affect upon your visa as an international student. This applies to reports of sexual assault to the police, reports of sexual harassment to the Equal Opportunity Commission as well as reports of sexual assault or sexual harassment to Eynesbury. Eynesbury will not inform the Department of Home Affairs if you have made a report of sexual assault or sexual harassment to the college.

It is your decision who you tell if you have been sexually assaulted or sexually harassed, even if you are aged under 18 years. It is important to talk with people you trust, feel safe with and who will support you.

Sometimes people who have been sexually assaulted or sexually harassed may fear that others will not believe them if they tell them, or fear that others will blame them for the sexual assault or sexual harassment. It is helpful to talk things through with someone who will listen in a non-judgemental way and who understands the effects of sexual assault and sexual harassment.

There is a range of free and confidential support available through Eynesbury or through external agencies and students are encouraged to make use of these services. There is some helpful information about making the decision about who to talk to following a sexual assault or sexual harassment in the booklet called “What Choices do I Have?”

There are services available free of charge to anyone in South Australia who has been subjected to sexual assault or sexual harassment.

Yarrow Place Rape and Sexual Assault Service will provide free medical and counselling services to people aged 16 years and over who have been raped or sexually assaulted.

You do not need to use your health insurance to access this service. You may be asked for a Medicare number when requesting certain medical services but if you do not have a Medicare card Yarrow Place will not ask you to claim anything on your private health insurance and you are still eligible to access services.

You do not need to have reported the sexual assault to police to be eligible for services at Yarrow Place. Information about services you access at Yarrow Place is confidential and subject to legal constraints. The situations when Yarrow Place cannot guarantee confidentiality are:

• If Yarrow Place believes that you are a danger to yourself or others
• If you are under 18 years of age or have told Yarrow Place about a child (under 18) being abused or at risk of abuse – in such cases Yarrow Place is required by law to notify the Child Abuse Report Line (CARL)
• Notification of some sexually transmitted infections
• If you are assessed as high risk of imminent harm within a domestic violence situation
• If you take legal action against this service.

There is also a range of support available through Eynesbury and we encourage all students to make use of these services.