What is sexual harm?

Sexual harm refers to any unwanted or non-consensual sexual behaviour that causes harm. It includes:

• Criminal offences, such as rape, indecent assault, non-consensual sharing of sexual images, and images involving minors

• Workplace sexual harassment (see definition below)

What is sexual harassment?

Sexual harassment in the workplace is defined [1] as any unwelcome or offensive sexual behaviour that:

• is repeated, or

• is serious enough to have a harmful effect, or

• involves an implied or explicit promise of favourable treatment, or a threat of unfavourable treatment

Some forms of sexual harassment may also constitute criminal offences (sexual violence). For example, groping is both workplace sexual harassment and the criminal offence of indecent assault.

What does “unwelcome or offensive” mean?

Unwelcome behaviour is behaviour that is not wanted or invited.

Whether behaviour is unwelcome or offensive is assessed from the perspective of the person experiencing it.

What is sexual violation / rape?

Under New Zealand law [2], sexual violation includes both unlawful sexual connection and rape. This involves:

• penetration of another person’s genitalia or anus with a body part or object without consent, or

• contact between one person’s mouth or tongue and another person’s genitalia or anus without consent

Other non-consensual sexual acts are also offences. For example, indecent assault refers to sexual touching without consent that does not involve penetration.

Any form of sexual contact without consent is a criminal offence in New Zealand.

What is consent?

Consent is a mutual and informed agreement to engage in an activity. It is where everyone involved wants to do something, and they freely and enthusiastically agree to do it. Consent can be withdrawn at any stage.

Under New Zealand law [3], a person cannot consent to sexual activity if they:

• are forced, threatened, or coerced [4]

• are too intoxicated (includes drugs or alcohol)

• do not understand what they are consenting to

• do not know who they are consenting to engage with

• are under the age of 16

• have a significant disability [5]

A lack of objection or the absence of a clear “no” does not constitute consent.

Any sexual activity without consent is a criminal offence, including sexual violence, rape, or sexual assault, and may result in serious legal consequences. The age of consent applies equally regardless of gender or sexual orientation.

How drunk is “too drunk to consent to sex”?

A person is too intoxicated to consent when they are not able to make clear, informed decisions about what they want.

Understanding levels of intoxication can help identify when consent is not possible and when intervention may be needed to prevent harm.

Levels of intoxication (alcohol) [6]:

• Happy level – Increased confidence, talkativeness, and sociability.

• Loud level – Reduced judgment, louder or more impulsive behaviour, and decreased awareness of consequences.

• Slurring level – Slurred speech, unsteady movement, slowed reactions, confusion, distress, or memory gaps.

• Passing out / vomiting level – Loss of coordination, inability to stand or stay conscious, vomiting, or drifting in and out of awareness.

Guidance from Family Planning indicates that a person is too intoxicated to consent at the slurring level and above (passing out / vomiting).