Page 603 - Week 02 - Thursday, 21 February 2019
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acknowledges that before making any changes to introduce a definition of consent, we need to better understand the impact, effectiveness and appropriate construction of a positive consent model.
The government will undertake a thorough examination of options for legal reform. Particular focus will be on whether the objectives of the affirmative and communicative model of consent may be achieved in a way which balances the right of the accused to a fair trial with the needs of the complainant and the interests of the community more broadly, and is still able to provide a clear expression of criminal liability.
The government agrees with the recommendation that a definition of consent should not be introduced into ACT law until after the final report from the New South Wales Law Reform Commission inquiry into New South Wales consent laws is presented. The New South Wales inquiry is specifically considering the utility of introducing an affirmative model of consent into New South Wales law, and so will be valuable in determining how the ACT may improve its current model of consent.
The committee also recommended that section 67 of the Crimes Act 1900, which provides how consent is to be determined in sexual offence cases, would be amended to include a provision about the communication of consent. The government notes the recommendation to amend section 67, on the basis that it is related to consideration of an affirmative and communicative model of consent and so should be determined in conjunction with any changes to establish a consent definition.
Submissions to the committee’s inquiry show that there are differing views across the community, justice, human rights and legal sectors as to what a new definition of consent can achieve. The government recognises this diversity in views and is committed to engaging with all interest groups to understand how sexual assault can be addressed effectively.
What is consistent across submissions to the inquiry, and clearly stated in the committee’s findings, is the importance of targeting behaviours and attitudes about sexual violence in the community. Sexual offending is not something we can deal with solely through our courts and legal processes. While a strong criminal justice response to sexual offending is vital, of equal importance is the work we do to improve community awareness and education about respectful relationships. Focus on the underlying causes of sexual assault is the substance for true, meaningful change.
The government will work closely with community and justice stakeholders to support measures which specifically address education around the nature of sexual consent issues, socially acceptable behaviour standards, the non-consensual sharing of intimate images and other non-consensual sexual acts, and the breaking down of stereotypical myths and beliefs about sexual assault and rape.
The government is focused on delivering a holistic response to the issue of sexual consent and sexual offending. Our ongoing work to address family violence and to implement the criminal justice recommendations from the Royal Commission into
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