Yes! + Yes!: Stronger Consent Laws for Australia
We all deserve safety in our relationships and sexual experiences. But right now, many laws around sexual consent are confusing and inconsistent - and increase the difficulty faced by survivors trying to seek justice.
A clear definition of affirmative consent - in which consent must be clearly communicated, rather than resistance or opposition proven - needs to be in place in every state and territory. Clarity and consistency in our consent laws would mean we can set a standard across the country for safe and consensual sex, and support a culture of healthy encounters and relationships.
The Fair Agenda movement is working with survivors and policy advocates to fight for clear, consistent and culturally relevant definitions of consent across the country. Will you join the campaign?
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Australia has one of the highest rates of reported sexual assault in the world, at almost 92 people per 100,000 of the population. [1] But conviction rates are low, and the lack of clarity around consent laws has created difficulty and confusion.
Thanks to advocacy led by survivor advocate Saxon Mullins, New South Wales has proposed affirmative consent laws that will require that steps must be taken to obtain consent, that misconceptions about sexual assault (and particularly the trauma response of ‘freezing’ when in danger) are addressed in court processes, and that the burden in criminal trials is shifted to the perpetrator to prove they obtained consent.
We urgently need these kinds of standards in every state and territory in Australia. NSW is close to passing these laws, and the ACT are set to begin the process next. But this change is far from guaranteed. To get there, we need compelling campaigns and a powerful movement of people across the country pressuring decision-makers to ensure affirmative consent legislation is introduced - and then passed - in every state and territory that needs reform.
References
1. Sexual assault: How common is it in Australia?, SBS news, 23 Aug 2015
2. Common sense consent reforms closer to becoming NSW law, NSW Government Communities & Justice, 20 Oct 2021