Today the Australian Institute of Criminology has released a national review of child sexual abuse and sexual assault legislation.
The review found there is significant consistency across jurisdictions in provisions criminalising sexual conduct, particularly contact sexual offences, image-based sexual offences and child sexual abuse material offences.
However, there is less consistency across Australian jurisdictions in provisions criminalising conduct to enable unlawful sexual conduct, unlawful sexual conduct against specific groups and unlawful sexual conduct under particular circumstances.
Consent provisions across all jurisdictions incorporate a communicative model of consent, which requires there to be ongoing and mutual communication of consent through words or actions. The review found that there is a greater variation across jurisdictions in how, and to what extent, consent provisions incorporate this model, which additionally requires the active seeking of consent from others.
The AIC's consultation with stakeholders and victims and survivors informed findings there are ongoing gaps and inconsistencies in legislation across jurisdictions for offences of persistent sexual abuse of a child, failing to report and protect children from sexual abuse, and non-consensual tampering with or removal of contraception, known as 'stealthing'.
This review was commissioned by the Australian Government in 2022 to support implementation of the Standing Council of Attorneys‑General's Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022-2027.
The review will help inform nationwide efforts to strengthen criminal justice responses to sexual assault.
The Australian Government is committed to taking action to address family, domestic and sexual violence in Australia.
In January 2024 we announced the commencement of an Australian Law Reform Commission inquiry into justice responses to sexual violence to improve victims' and survivors' experiences in the justice system. The inquiry is due to report in January 2025.
The full report is available on the AIC website .
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, chat online via 1800RESPECT.org.au or text 0458 737 732.
If you are concerned about your behaviour or use of violence, you can contact the Men's Referral Service on 1300 766 491 or visit ntv.org.au .
Feeling worried or no good? No shame, no judgement, safe place to yarn. Speak to a 13YARN Crisis Supporter, call 13 92 76. This service is available 24 hours a day, 7 days a week.
The Australian Institute of Criminology
The AIC is Australia's national research and knowledge centre on crime and justice. The AIC seeks to promote justice and reduce crime by undertaking and communicating evidence-based research to inform policy and practice.
