Sexual safety in aged care

All older people receiving aged care have sexual rights, including the right to engage in safe, consensual sexual expression and intimate relationships. They also have the right to be free from sexual harm.

Sexual harm is anything that affects a person's safety, dignity or wellbeing. It can include:

• stopping or restricting safe sexual expression
• sexual violence or misconduct
• not responding to sexual harm in a trauma-informed way.

We will soon be releasing a Sexual Safety Framework (framework) and resources to help registered providers (providers) and aged care workers (workers) to support the sexual safety of older people.

We have designed the framework for providers delivering care in aged care homes. It will also be useful for older people, their supporters and the aged care sector, including providers delivering home and community-based aged care.

Access information for aged care providers, visit Upholding sexual safety in aged care 
Access information for workers, visit Protecting sexual safety in aged care

What is sexuality?

Sexuality is a fundamental part of being human. It can be different for different people and can include intimacy, attraction, identity and sexual expression. For many people, sexuality is important throughout their lives. This includes people with dementia or other changes in thinking and memory.

Sexuality is important to people’s wellbeing, social connections and quality of life. Limiting safe expressions of sexuality can cause distress, loneliness and anxiety. Restricting an older person’s relationships or sexual activity can be a type of sexual harm.

What does sexual safety mean?

Sexual safety means supporting sexual wellbeing and making sure people are free from sexual harm.

Sexual harm includes:

• stopping or restricting safe sexual expression
• sexual violence or misconduct
• not responding to sexual harm in a trauma-informed way.

Consent is an important part of sexual safety. Consent is a free, voluntary and informed agreement to take part in a sexual activity. A person can withdraw their consent at any time.

Sexual wellbeing includes physical, emotional, mental and social wellbeing related to sexuality. It includes sexual health, sexual pleasure, sexual expression and sexual rights.

People who receive aged care – in their own home or in an aged care home – have the same sexual rights as everyone else. They have the right to take part in lawful sexual activity. They may stay in, or end, relationships, make new ones, or take part in solo sexual activity. They may change how they express their sexuality and gender in ways that feel right for them.

Rights

Older people have the same rights whether they receive aged care at home or in an aged care home.

They have the right to:

• make decisions about things that affect their life
• get support to make decisions, if they need it
• take risks when choosing how they want to live
• receive care that is safe, fair and respectful
• have their personal information kept safe and private
• get information in a way they understand
• speak up without getting in trouble
• get a quick and fair response to a complaint
• stay connected with the people who are important to them.

Older people, like everyone in the community, are responsible for:

• asking for and respecting sexual consent
• making sure their behaviour doesn’t affect the rights, safety or wellbeing of others.

To support the sexual safety older of people, workers and providers should:

• respect their choices about lawful, intimate and sexual relationships
• respect their privacy
• keep them free from sexual harm.

Older people should speak up if something in aged care makes them feel unsafe or uncomfortable. They can also ask a trusted person to support them. For independent information and support, contact the Older Persons Advocacy Network (OPAN) on 1800 700 600.

Older people can raise a concern with us by giving feedback or making a complaint.

Find out more about rights on our Statement of Rights webpage.

Sexual Safety Framework

The Sexual Safety Framework will support providers to uphold older people's sexual rights and safety in residential aged care. It recognises that older people have the right to:

• safe, consensual intimate and sexual relationships
• be free from sexual harm.

The framework will support providers to uphold these rights by:

• supporting safe and consensual sexual expression
• preventing, detecting and responding to sexual harms.

The framework will be available on our website and linked from this page. We will share its release through the Quality Bulletin and social media channels when it’s published.

Navigating the challenges: balancing sexual rights and sexual safety in aged care webinar

This webinar explores balancing sexual rights and sexual safety within residential aged care homes. Panellists discuss how providers might factor consent, fluctuating cognition, family concerns, autonomy, rights and dignity of risk into their decision-making.

Watch the recording Navigating the challenges: balancing sexual rights and sexual safety in aged care.

Resources for protecting sexual safety

We will also be publishing resources to help providers and workers apply the Sexual Safety Framework. These resources will provide information about sexual safety in aged care.

They will explain how providers and workers can give safe and respectful care to older people.

Recognising and responding to signs of trauma

This resource will help workers to:

• recognise when an older person's behaviour might be linked to trauma
• respond in ways that don’t cause more harm.

What to do if an older person tells you about a sexual assault

This resource will help workers respond in a timely, trauma-informed way when an older person discloses sexual assault.

Recognising and reporting grooming or predatory behaviour

This resource will help workers to identify grooming or predatory behaviour by a worker, volunteer, contractor or visitor.

Creating an open reporting culture around grooming or predatory behaviour

This resource will help providers create workplaces where workers feel safe to raise their concerns.

More resources are coming

We are continuing to develop practical resources to support sexual safety in aged care.

Upcoming resources will cover:

• responding to changed sexual behaviour in older people with cognitive impairment
• sexual rights, consent and decision-making for older people
• safe and respectful personal care.

We will add these and other sexual safety resources to this page as they become available.

More information

• Statement of Rights – your rights when receiving aged care
• Code of Conduct – describes how your provider and the people delivering your care must behave and treat you.
• Defining quality care – what makes a good aged care provider or service
• How to raise a concern – how to give feedback or complain about a provider, worker or responsible person
• Safety in care – what providers must do to provide safe and responsible care