Victoria is to move to an affirmative consent model following the release of a report from the Victorian Law Reform Commission (VLRC) after its investigation into sexual violence and the justice system.
Announced by Attorney-General, Jaclyn Symes, proposed changes to the Crimes Act 1958 (Vic) would mean a person must confirm that they received consent, “shifting scrutiny from the actions of the victim-survivor to those of the accused”.
“The Government will also amend laws to make it explicit that stealthing is a crime,” Ms Symes said.
“Stealthing is the removal of a condom or other protection during sex without the other person’s knowledge or consent,” she said.
Ms Symes said all of the recommendations made in the VLRC Report, Improving the Justice System Response to Sexual Offences, would be considered in detail and a 10-year strategy to address sexual violence and harm would be delivered next year.
Chair of the VLRC, Tony North said when he began work on the investigation, he was shocked to find that one in five women over the age of 15 had experienced sexual assault in their lifetime “and that over 85 per cent of these assaults are not reported to police.”
“That means that many people who have committed sexual assault are not held accountable for their actions,” Mr North said.
“It is hard to imagine more worthwhile law reform work than finding ways to free Victorians from the risk of sexual offending,” he said.
Mr North said the VLRC recommended changes across all parts of the system that dealt with sexual violence and provided a roadmap for effective change.
The VLRC Chair said one of the 91 recommendations in the Report was the establishment of a world-first Commission for Sexual Safety as a central body with functions designed to address sexual offending.
“The establishment of a Commission for Sexual Safety would be a tangible acknowledgment by the Government of the community’s concern,” he said.
Mr North said other recommendations related to restorative justice and other alternatives to the criminal trial; support for victim-survivors throughout the reporting process; making criminal trials less traumatic for victim-survivors; a model of affirmative consent; and making reporting easier for victim-survivors.
The VLRC’s 566-page Report can be accessed at this PS News link.
Anyone experiencing distress can seek immediate support through the Sexual Assault Crisis Line Victoria (SACL) on 1800 806 292.
