Sexual consent laws are to be strengthened and simplified under proposed reforms designed to protect victim-survivors and educate the community.
Attorney General Mark Speakman (pictured) said the reforms were in response to 44 recommendations made by the NSW Law Reform Commission (LRC) in its November 2020 Report 148: Consent in relation to sexual offences, all of which the State supported or supported in principle.
Mr Speakman said key reforms would include stipulating that a person didn’t consent to sexual activity unless they said or did something to communicate consent, and an accused person’s belief in consent wouldn’t be reasonable in the circumstances unless they said or did something to seek consent.
“This means we will have an affirmative model of consent, which will address issues that have arisen in sexual offence trials about whether an accused’s belief that consent existed was actually reasonable,” Mr Speakman said.
“No one should assume someone is saying ‘yes’ just because they don’t say ‘no’ or don’t resist physically,” he said.
“Steps should be taken to make sure all parties are consenting.”
Mr Speakman said the reforms would also introduce five new jury directions available for judges to give at trial to address common misconceptions about consent.
“These directions will support complainants by ensuring their evidence will be assessed fairly and impartially, and that juries will be able to better understand the experiences of sexual assault survivors,” he said.
He acknowledged the growing calls across the community for reforms to respond more effectively to the scourge of sexual violence in the country.
“No law can ever erase the trauma of sexual assault, but we can send the message that survivors’ calls for reform have been heard.”
Mr Speakman said a Bill to give effect to the reforms would be introduced to NSW Parliament later this year.
The LRC’s 249-page Report can be accessed at this PS News link.
If this story raises concern for you, help and counselling is available, from people trained to help those who have experienced sexual assault, from NSW Rape Crisis on 1800 424 017 or 1800RESPECT on 1800 737 732.
