South Australians can help strengthen the laws around sexual consent and sexual assault by sharing their views on potential reforms.
The Government’s election commitment to review consent laws in South Australia, in which extended to other Australian jurisdictions, identified several areas for potential reform, with consultation now open on a discussion paper considering options to improve the state’s legislation.
These considered areas include the introduction of an affirmative consent model, where a person must ensure their partner consents to sexual activity through active communication using either words or actions.
The discussion paper also considers toughening penalties for the sharing of intimate images without consent, as well as changes to court processes to better protect victims of sexual assault.
Changes to the topics, timing, and frequency of jury directions – where judges give the jury information to help them understand the law before they reach a verdict and help counter potential misconceptions they might hold – are also under consideration.
The discussion paper is now available here, with public comment open until 12 February 2024.
This review builds on work already happening in this space, including the Federal Report of the Senate Committee inquiry into current and proposed sexual consent laws in Australia, and the work being undertaken by the National Working Group on Criminal Justice Responses to Sexual Assault.
In this term of Government, we have made significant legislative change to better protect victims of sexual assault. The Government has increased a range of penalties for child sex offences, closed loopholes in bail and sentencing for child sex offenders, and supported legislation to criminalise stealthing and broaden jury directions to address certain misconceptions about non-consensual sexual activity.
As put by Kyam Maher
In 2022, the number of sexual assault victimisations in our state increased to its highest level in nearly two decades.
This is unacceptable, and more action is clearly needed – especially given that for the offences that are reported, only a small proportion proceed to trial, and an even smaller percentage result in a successful conviction.
Reviewing our consent laws was a key election commitment of this Government, and clearly there are steps we can take to better protect South Australians and improve the outcomes for victims of sexual violence.
Our society’s expectations and understanding around sexual consent has changed considerably over the past decade and it’s important our laws remain fit for purpose.
Given the important role jury directions play in trials relating to sex offences, now is an opportune time to consider whether changes are needed to help ensure jurors better understand the issues they need to consider and that any misconceptions are countered.
