This was a key point in the case of Luke Lazarus, who was accused of raping Mullins. Under previous NSW law, a person commits sexual assault if they know the other person is not consenting, if they are “reckless as to whether” they consent, or there are no reasonable grounds for believing there was consent. How are these laws different from previous laws? Greens spokesperson for women Jenny Leong said the “vital” reform would help deliver justice for sexual assault survivors. The affirmative consent model is generally designed to overcome a common hurdle in rape and sexual assault trials in some jurisdictions – that an alleged offender had “reasonable grounds” for believing the complainant had consented.
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It will also provide education programs for judges, legal practitioners and police on how to best navigate victims of sexual assault through the judicial process.
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They will also affirm a person’s right to withdraw consent at any point make clear that if someone consents to one sexual act, it doesn’t mean they’ve consented to other sexual acts clarify the definitions of “sexual intercourse”, “sexual touching” and “sexual act” and clarify that a defendant cannot rely on self-induced intoxication to show they were mistaken about consent.įive new jury directions for judges to give at trial will also be provided to address common misconceptions about consent and ensure a victim’s evidence is assessed fairly and impartially.
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They will also retain the current meaning of consent as a free and voluntary agreement, while adding that it must be present when sex occurs. (b) an accused person’s belief in consent will not be reasonable in the circumstances unless they said or did something to ascertain consent. (a) a person does not consent to sexual activity unless they said or did something to communicate consent and This has particular significance for the justice process as some victim-survivors present the “freeze” response in a fearful situation where they may be unable to verbally stop the perpetrator from continuing. Under the legislation, the NSW Crimes Act will be changed to specify consent to sexual activity must be communicated by words or actions, not simply assumed. The NSW government’s Affirmative Consent Bill passed the Upper House on Tuesday, 23 November. The legislation will be introduced in 2022. Symes said all of the commission’s recommendations would be considered and $5.2m will be provided to sexual assault services in response to increased reporting and demand. The commission’s report tabled 91 recommendations and found sexual violence was widespread, caused serious harm and was under-reported.
“This means the questions will be on the perpetrator: What did you do to ensure that you knew the person was consenting to sexual activity?” Symes said.Īs part of the initial response, the government will develop a 10-year strategy to address sexual offending following an 18-month examination from the Victorian Law Reform Commission. Previously, Victoria required communicative consent between parties, but the office of public prosecutions was concerned about how it had been applied.Īttorney-general Jaclyn Symes said the changes to the Crimes Act 1958 (Vic) would “flip” the system which had previously placed too much focus on the behaviour of victims. The government will also amend laws to make “stealthing” – the act of removing a condom during sex without the other person’s knowledge or consent – explicitly illegal. This means a person must take active steps to confirm they have received consent for sexual activity or risk committing a crime.
The Victorian government will introduce a requirement for affirmative consent. The changes come after law reform commission reviews and a campaign by advocates such as Saxon Mullins from Rape and Sexual Assault Research and Advocacy. The affirmative consent reforms will change the laws around sexual consent to better deliver justice to victims and survivors of sexual assault. Major sexual consent reforms have passed through the New South Wales parliament this week and have also been proposed in Victoria.