News
6 October, 2024
New consent laws
New sexual consent laws are taking effect in Queensland as of last week, stating sexual consent must be mutually agreed on, with all participants having to say or do something to seek consent, and the other participant having to communicate consent back.
This affirmative model of consent also expressly acknowledges stealthing as a circumstance of non-consent and ‘rape’.
‘Stealthing’ is the non-consensual removal of a condom or tampering with a condom before or during consensual sexual activity.
Other important changes coming into effect aim at providing greater protection for victim-survivors of sexual offences, with new and improved jury directions for sexual offence proceedings.
These reforms hope to reduce the influence of ‘rape myths’ on jury deliberations and decisions.
Other reforms include:
Strengthening of provisions to disallow improper questions;
Expansion of reasonable excuse provisions for the ‘failure to report’ offence;
Expansion of admissibility of preliminary complaint evidence to domestic violence offence proceedings;
The changes, part of the legislative reform arising from recommendations made by the Women’s Safety and Justice Taskforce, are contained in the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, which passed in March this year.
Attorney-General, Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette D’Ath, said these initiatives aim to better support victim-survivors of domestic, family and sexual violence, irrespective of gender.
“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,” she said.
“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.”
Two community awareness campaigns began last month to promote the affirmative model of consent and recognition of the patterned nature and impacts of coercive control.
Minister for Health and Minister for Women Shannon Fentiman said she is “extremely proud” of the new laws.
“This reform was only possible thanks to the advocacy of victim survivors who bravely shared their stories and informed the work of our women’s safety and justice taskforce,” she said.
“Importantly, our new laws better reflect community expectations by recognising stealthing for what it is – rape.”
More information about the government’s affirmative consent campaign can be found at www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/sexual-abuse-assault/only100-is-consent
