Sexual assault or rape is never your fault, and being a sex worker does not make you more likely to experience this. This post explains the definitions of sexual assault and rape and provides an outline of available support.
For more detailed information about medical and legal reporting options, see our other post, reporting sexual assault or rape.
Consent
Queensland operates under an affirmative consent model, which means that everyone involved in a sexual activity must clearly agree to each sexual act prior to it taking place. Each person has to actively ask for consent, and each other person must either verbally respond with a ‘yes’, or another non-verbal signal indicating consent. If you do not consent and a person continues the sexual activity, it is sexual assault or rape.
When it comes to sex work, consent can be ongoing, from the initial exchanges about what the booking will include or not include, to discussions about condom use or payment. It can continue when the booking starts and throughout the time you are together. Consent can be withdrawn at any point.
If a person is so affected by alcohol or another drug that they are incapable of consenting or withdrawing consent, are unconscious or asleep, or participate in the act because of force, a fear of force, harm of any type or a fear of harm of any type, then they did not consent.
The difference between sexual assault and rape
The law in Queensland states that ‘sexual assault occurs when someone unlawfully and indecently assaults another person in a sexual manner, or procures another person, without their consent, to either commit or witness an act of gross indecency’. The definition is broad and covers multiple sexual acts.
Rape is when a sexual act includes non-consensual penetration. The law in Queensland states that ‘rape occurs when a person inserts something, whether it be a penis, body part, or object, into your vagina or anus without consent’. If a person’s penis penetrates your mouth without consent, this act is also rape.
Non-payment
Non-payment occurs if a client does not pay you, pretends to pay you but hasn’t, revokes the payment, or only provides a part-payment. Because your consent was based upon receiving a payment or reward for the act, if they do not not provide this payment or reward, your consent to the sexual activity no longer exists. The nature of the act and whether there was any penetration involved will indicate whether it will be considered sexual assault or rape.
Stealthing
Stealthing occurs when you agree to a sexual activity on the basis that a condom will be used, but the other person does not use a condom, removes it, or tampers with it, before or during sex. If the person becomes aware that the condom is no longer effective but continues with the act, it is also stealthing. Because the consent was based upon the usage of a condom, this means if any of these things occur, the consent to sexual activity no longer exists. The law recognises stealthing as rape.
Consensual violence
In some bookings a sex worker may be asked to provide a service that includes consensual violence. Where possible, the type of services and any use of force should be discussed ahead of the booking and preferably in a way that means you have a record. It’s important to confirm consent for all of the services provided.
If someone is seriously injured during sexual activity, the act may be considered to be non-consensual.
Seeking help following an assault
Help and support is available if you experience sexual assault or rape. Keep in mind that how you move forward is completely your choice, because justice and support looks different to everyone. Some options include seeking medical attention (with or without the collection of evidence), reporting to police and proceeding with legal action, and seeking emotional support from friends, peers, and Respect Inc. A support person or service can be very beneficial while navigating these options.
If you decide to report the incident to police they will collect evidence depending on the type of report you are hoping to pursue.
To preserve evidence, try to refrain from washing your body, changing or cleaning your clothes, brushing your hair, brushing your teeth, or consuming any type of food or drink. Any items used in the booking can also be used as evidence, so it can be helpful to avoid touching or cleaning these items. Do not worry if you have not done these things, as it is still possible for evidence to be collected.
If you decide to seek medical attention, you can attend the emergency department after the sexual assault or rape to complete a Forensic Medical Examination Kit. However, it is recommended that this examination occurs as soon as possible because the evidence can deteriorate over time.
If you do intend to report the sexual assault or rape, the Respect Inc resource ‘Reporting a sexual assault or rape’ provides information regarding this.
If you want to let other sex workers know about the offender, please talk to us about how this can happen.
If you do not want to make a police report, there is an option, known as ARO, where you can fill out a QPS form describing the crime in as much detail as you are comfortable with. The information does not result in an investigation or the person being charged but it may contribute to repeat offenders being identified.
If you are feeling overwhelmed and unsure how to proceed, Respect Inc can provide peer support and non-judgemental guidance following a sexual assault.
If you have been seriously injured, call 000 immediately.
Be kind to yourself and know that help is available.
Rape and sexual assault are crimes and should never be considered ‘part of sex work’. You should never be blamed if you experience either. Any non-consensual sexual act that occurs between a sex worker and a client during a booking is not sex work, it is rape or sexual assault. In Queensland, sex work is legal and recognised as real work. This means sex workers have the same legal, workplace, and anti-discrimination protections as other workers. You have the right to seek support, safety, and justice. Here are some steps you can take to support yourself, and others, after an assault:
- Contact Respect Inc to talk to a peer educator about what happened, debrief, and explore support options that feel right for you. Respect Inc peer educators may accompany you to other services, appointments, hospitals, and police stations if you wish. We can also refer you to other local services that may be able to help you
- Speak to a sexual assault service or crisis line to hear about your different options and the processes involved if you decide to take further action
- Seek comfort and care from your trusted support networks, friends, and family
- Understand that what happened wasn’t your fault, no matter what took place prior to the assault or how you acted during it
- Look after your physical health, as it will help you deal with emotional stress
- Incorporate practices such as grounding (you can do this by noticing five things in the room that you can touch, feel, hear, and see), intentional breathing, and good sleeping habits
- Engage in activities that you enjoy
- You may wish to consider accessing professional sexual assault or trauma counselling. Respect Inc can provide connections to Mental Health practitioners in your area.
There is no right or wrong way to feel after experiencing sexual assault or rape, but it is common to experience shock, numbness, fear, flashbacks, anger, nightmares, depression, or to simply feel as though you are out of control. If you are experiencing these things, just know that there is nothing wrong with you. Be gentle with yourself and your emotions, and know that you can always contact Respect Inc if you need someone to talk to. We can also refer you to other local services that may be able to help you.
For more detailed information about medical and legal reporting options, see our other page, reporting sexual assault or rape.