While the new bill is yet to be tabled, Speakman said he supported the commission’s 44 recommendations. He said the definition of consent would change to “something that s given voluntarily and freely by agreement”. That it can be withdrawn at any time … consent to one sexual activity is not consent to any other sexual activity and that self-intoxication of the accused is not an excuse for failing to form a reasonable belief,” he told the ABC.
Saxon Mullins from Rape and Sexual Assault Research and Advocacy said that she was pleased that this day had come but that apart from the reforming the law, which was “a significant step”, more focus was needed to ensure “all survivors’ voices are heard and their justice is sought, whatever way that is for them”.
Sex consent to be law in historic legal overhaul NSW will adopt an affirmative consent model following fierce public debate over existing laws surrounding sexual assault.
Crime by Ava Benny-Morrison
Premium Content
Subscriber only Juries will be empowered to convict people accused of rape unless they have taken active steps to obtain consent for sex under a historic overhaul of NSW s sexual assault laws. The state will adopt an affirmative consent model, Attorney-General Mark Speakman will announce on Tuesday, following fierce public debate over existing laws. The changes will tackle a sticking point in many sexual assault trials - the reasonable grounds test.
Finally, yes means yes will be recognised in the NSW legal system.
We missed you too. Sign up to our newsletter, and follow us on Instagram and Twitter, so you always know where to find us.
Sexual consent laws are changing for the better in NSW. The state’s courts and justice system will move towards ‘affirmative consent’ where all parties must explicitly communicate, and confirm sexual consent without doubt.
Content Warning: This article contains discussion of sexual assault.
“There cannot be consent unless the party in question has said something or done something to communicate consent,” NSW Attorney-General Mark Speakman said in a press conference today. “In other words, you just can’t assume [from] lack of resistance or lack of protest, that consent has been given.”
Aus state to reform sexual assault law
By IANS |
0 Views
No new Covid-19 cases in Sydney despite cluster fears. Image Source: IANS News
Sydney, May 25 : The Australian state of New South Wales (NSW) will adopt affirmative consent as part of a reform to its sexual assault laws, Attorney General Mark Speakman announced on Tuesday.
Speakman said the state government was adopting or adopting in principle 44 recommendations made late last year by a state commission reviewing consent in relation to sexual offences, reports dpa news agency.
He also pointed to two key reforms relating to consent that go further.
The first is that there cannot be consent unless the party has done or said something to communicate it.
Four Corners prompted the LRC review, said affirmative consent laws is “a huge win for survivors.”
“After so many years of fighting for this, it’s almost hard to believe we’ll actually have affirmative consent laws in NSW,” Mullins, who is also the director of Rape & Sexual Assault Research & Advocacy, said.
“I know there’s so much more to do in this space, but this is a huge win for survivors, and I’m so grateful for all the survivors and academics who’ve paved the way for this to happen.”
The new model means a person does not consent to sexual activity unless they said or did something to communicate consent. So a jury could convict a rapist if they didn’t actively obtain consent for sex.