Landmark reforms to sexual consent laws are now in effect in Queensland.
The reforms, taken from recommendations by the Women’s Safety and Justice Taskforce, amend the Criminal Code to introduce an affirmative model of consent.
Under the model, 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.
The laws also acknowledge stealthing, the non-consensual removal of a condom or tampering with a condom before or during consensual sexual activity, as a circumstance of non-consent and rape.
Other important changes that came into effect yesterday 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:
- Strengthened provisions to disallow improper questions;
- Expanded reasonable excuse provisions for the ‘failure to report’ offence;
- Expanded admissibility of preliminary complaint evidence in domestic violence offence proceedings.
The changes, part of the legislative reform arising from 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.
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