New Zealand law requires consent for sexual activity, but the Crimes Act 1961 does not clearly define what consent means. Instead, Section 128A focuses on situations where consent is absent. This means that consent can still be inferred from silence, passivity, or a lack of resistance, even when a person has not actively communicated agreement. 

This is concerning because people who experience unwanted sexual contact may freeze, submit, or feel unable to refuse. Adolescents are particularly vulnerable to pressure, manipulation, and sexual exploitation. ECPAT New Zealand's 2025 research found that young people over 12 face the greatest risk of sexual exploitation, often involving people they already know and trust. The 2025 Youth Health and Wellbeing Survey also found that 20% of 15-18 year olds had experienced sexual harm in their lifetime.  These findings indicate the need for a clearer and more protective legal standard.

We are calling for Section 128A of Crimes Act 1961 to be strengthened by introducing a clear definition of positive or affirmative consent, where consent must be freely given and communicated through words and actions. Silence, passivity, or lack of resistance should never be treated as consent. Strengthening the law would provide greater protection for adolescents and help prevent sexual exploitation in New Zealand.