Queensland has introduced reforms to the state’s sexual consent laws.
The strengthened laws amend the state’s criminal code to introduce an affirmative model of consent.
A recommendation of the Women’s Safety and Justice Taskforce – established by the Queensland government to improve women’s experiences of the criminal justice system – the new laws require mutually agreed consent to any sexual activity.
The long-awaited change brings Queensland in line with other Australian jurisdictions.
“We have heard the many voices of women and girls who told the Women’s Safety and Justice Taskforce about their experiences of the criminal justice system,” attorney-general Yvette D’Ath said. “Today they have more protections.”
Under the changes, all participants have to say or do something to seek consent, and consent must be communicated back to the asking participant.
The new laws also acknowledge stealthing – the surreptitious removal of a condom during sexual activity – as a non-consensual act and a form of rape.
“A person who engages in stealthing or removing a condom without the other person’s knowledge or consent is now effectively committing rape and will be prosecuted accordingly.” D’Ath said.
Other legislative changes will bolster protections for victim-survivors of sexual offences – such as new and improved jury directions for sexual offence proceedings.
“The taskforce found that sexual offence laws are often misunderstood, and rape myths and stereotypes – including narratives of implied consent – still feature heavily in trials,” D’Ath said.
It’s hoped that Queensland’s new laws will bring greater clarity to the definition of positive sexual consent, Katherine Berney – executive director of the National Women’s Safety Alliance – said.
“We’ve seen high-profile cases where we’ve had perpetrators who have been found guilty and having their conviction overturned because the legislation was unclear about how you prove positive consent. The reality is we can’t have that loophole,” Berney told Government News. “We need to ensure that everyone is educated on the impact of these new laws and the responsibility of how they’re administered.”
Legislators also need to agree on a uniform definition of consent, Berney said. “The multipronged approach having state government and federal government on the same page with the same definitions of consent is incredibly important.”
To coincide with the law reforms, the Queensland government has launched an awareness campaign to increase people’s understanding of an affirmative model of consent.
“We will continue to invest in awareness campaigns that educate Queenslanders because we know we need more than changes to the law,” minister for women Shannon Fentiman said. “We need our communities to change too.”
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