Page 602 - Week 02 - Thursday, 21 February 2019
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Following the receipt of 28 written submissions and public hearings in September and October 2018, the committee tabled its report on the inquiry in the Legislative Assembly on 31 October last year. The committee’s report provides 10 recommendations which focus on the issue of consent in ACT sexual offence legislation, support for victims of sexual offending, and understandings of sexual consent in the ACT community.
The report largely focuses on the definition of sexual consent proposed in the bill and highlights that we need to carefully consider the impact and effectiveness of any new definition of consent before changes are made to our sexual offence laws.
The report acknowledges that the issue of sexual assault is complex, not only in relation to the technicalities involved in legislating on consent, but also as an issue which is deeply impacted by social and cultural understandings of acceptable behaviour for personal and sexual interactions.
The government is pleased to receive the committee’s findings and is committed to preventing sexual assault in the ACT and improving supports for victims. The government also acknowledges the valuable evidence provided by witnesses to the inquiry, which contributed to informing the content of the committee’s final report.
The government agrees to nine of the committee’s recommendations and notes one recommendation. The government is focused on how the ACT can reduce rates of sexual offending, improve prosecution outcomes for victims of sexual assault, improve supports for victims within and outside the criminal justice system, and support respectful relationships and positive understandings of sexual consent in the ACT community.
The government agrees with the committee’s recommendation that the Crimes (Consent) Amendment Bill 2018 should not be proceeded with in its current form due to issues in relation to the construction of the definition of consent and the challenges this would create for the prosecution of sexual offences.
However, in considering the intentions of the bill, the committee’s report does recognise that introducing a positive definition of consent into ACT law may be an important step in improving outcomes for victims and influencing the social and cultural changes needed to prevent and address sexual assault more effectively.
An affirmative and communicative model of sexual consent based on a concept of “free and voluntary agreement”, as proposed by the Crimes (Consent) Amendment Bill 2018, aims to reflect the reasonable views of contemporary society and to promote respect and communication in relation to sexual consent. It aims to affirm that submission to sexual advances cannot alone demonstrate consent.
The government supports consideration of this model on the basis that the changes aim to clarify the law on consent and ensure just outcomes for the prosecution of sexual offences. It is also an opportunity to provide clarity in relation to defences available for sexual offences involving issues of consent. Importantly, the committee
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