- Affirmative model of consent introduced
- 'Stealthing' now explicitly a circumstance of non-consent
Landmark reforms to sexual consent laws passed by the Miles Government, take effect in Queensland from today.
The strengthened laws, borne out of the groundbreaking Women's Safety and Justice Taskforce, amend the Criminal Code to introduce an affirmative model of consent.
Under the new affirmative model of consent, consent to sexual activity must be mutually agreed, all participants have to say or do something to seek consent, and consent must be communicated back to the asking participant.
Moving Queensland to an affirmative model of consent brings the state into line with other Australian jurisdictions.
Significantly, the laws also expressly acknowledge stealthing as a circumstance of non-consent and 'rape'. 'Stealthing' is the non-consensual removal of a condom or tampering with a condom before or during consensual sexual activity.
Other important changes coming into effect today will provide greater protection for victim-survivors of sexual offences.
There are new and improved jury directions for sexual offence proceedings to reduce the influence of 'rape myths' on jury deliberations and decisions.
Other reforms include:
- Provisions to disallow improper questions have also been strengthened,
- Expanded reasonable excuse provisions for the 'failure to report' offence,
- Expanded admissibility of preliminary complaint evidence to domestic violence offence proceedings.
The changes, part of the legislative reform arising from recommendations made by the Women's Safety and Justice Taskforce, are contained in the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 which passed in March this year.
Two powerful community awareness campaigns began last month to promote the affirmative model of consent and recognition of the patterned nature and impacts of coercive control.
Amendments relating to the new criminal offences of coercive control and engaging in domestic violence or associated domestic violence to aid a respondent, and a court-based domestic violence perpetrator diversion scheme for adults, will begin on 26 May 2025.
Key implementation activities, including further community awareness and education activities, updating court policies and procedures, and training for court staff, police and other stakeholders will continue to be rolled out prior to commencement of these important reforms.
