NSW is one step closer to introducing affirmative consent laws, which will address the grey areas that often arise in cases of sexual assault.
WATCH BELOW: Chanel Contos shares her story on The Project
Yesterday, the NSW Legislative Assembly passed a bill introduced by the NSW Attorney General, Mark Speakman, and supported by Greens MP Jenny Leong which will ensure that consent must be clearly communicated, and if it is not, must be ascertained before progression of any sexual activity.
“AN ENTHUSIASTIC YES!!!” Jenny wrote on Twitter last night. “NSW affirmative consent laws just passed the Legislative Assembly.”
Jenny, who is the Greens spokesperson for Women’s Rights in the NSW Parliament, introduced the bill in late October.
“This is a big reform, it was a long time coming, and is a significant step in eliminating sexual assault – so that we can all participate in society without fear,” she said at the time.
Jenny has worked closely with advocate Saxon Mullins, who opened up about her own experience with sexual assault three years ago – a story that went on to make headlines around the nation.
Her case, which took place in 2013, led to four years worth of trials and appeals, which ended with the acquittal of her alleged perpetrator.
However, she has been advocating for a change to consent laws across NSW and Australia ever since.
“It is a really necessary change to our consent laws but it’s also a really simple change and it’s bringing the laws up to the standard that they should be at already,” Saxon told SBS in October.
“It’s just making sure that they align with our current common sense.”
WATCH BELOW: Attorney General Mark Speakman introduces affirmative consent reform. Story continues below.
Mark Speakman explained the intention of the reforms when he introduced the bill last month.
“The law reform commission considered, among other matters, the issues and grey areas that had arisen in sexual offense trials about whether an accused belief that consent existed is actually reasonable, and how to recognise the common ‘freeze’ response, where a person freezes in fear and can’t communicate their lack of consent,” he said in Parliament.
“No one should assume that someone is saying yes just because they don’t say no, or don’t resist physically. People are entitled to expect that if someone wants to have sex with them, then the other person will ask. And if the first person hasn’t said something, or done something to communicate consent, then that other person will take further steps to ascertain consent.
“It’s time for the law to catch up with common human decency and common sense,” he said.
According to a press release shared with the introduction of the bill, the proposed changes will introduce “clarificaton that a person does not consent unless, at the time of sexual activity, they freely and voluntarily agree to the sexual activity”.
It will also introduce “five new jury directions available for judges to give at trial to address common misconceptions about sexual assault and behavioural responses”, and perhaps most importantly, introduce “targeted education programs for judges, legal practitioners, and police”.
The bill can still be amended, or rejected, by the Legislative Council, we’re choosing to see this as a step forward in the right direction.
With the act of ‘stealthing’ having been criminalised in the ACT last month, we’re hoping this means Australia’s response to sexual assault is continuing to change for the better.
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