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Attorney-General Mark Speakman announced yesterday that he’d seek to reform NSW consent laws to include “enthusiastic” or “affirmative” consent.
The announcement was met with widespread praise by survivors like Saxon Mullins who told
SBS News the proposed changes were an important step into changing the way that we talk about sexual violence.”
But two experts told
The Feed that while they welcome the proposed changes, they remain ‘cautiously optimistic’ about how they’d work in practice.
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Dr Julia Quilter has already examined the three major legislative reforms in the sexual offences space; in 1981, 1989 and 2007.
She said while the reforms proposed by the Attorney-General have the potential to create positive change, we won’t know their impact until they’re tested in courtrooms.
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People accused of sexual assault will need to prove they took steps to obtain consent, as part of a major overhaul of sexual consent laws in New South Wales.
NSW Attorney General Mark Speakman announced the reforms on Tuesday that he says will strengthen and simplify laws in the state and protect victim-survivors.
That includes adopting the so-called affirmative consent model, which means a person does not consent to sexual activity until they say or do something to communicate it.
It also means an accused person s belief in consent will not be reasonable unless they said or did something to ascertain consent from their sexual partners.