Rape laws must not take sexual consent for granted
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There are many reasons why it can be hard to prove crimes of sexual assault in court but chief among them is the reluctance by many women to risk speaking out. The allegations are personal, private and painful. Often, many crucial facts about the encounter can be known only to the accused and the accuser.
This is especially true when it comes to the crucial issue of proving one of the parties did not consent. Put bluntly, it is the lack of such consent that turns a sexual encounter into the criminal offence of sexual assault.
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 That it can be withdrawn at any time … consent to one sexual activity is not consent to any other sexual activity and that self-intoxication of the accused is not an excuse for failing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
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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.