A Senate inquiry for reforms of Australia’s national consent laws begins this week at Parliament House in Canberra, with several individuals and organisations giving evidence at the hearing.
National trauma specialist counselling service organisation, Full Stop Australia, has provided the inquiry months of research and written submissions since the inquiry’s establishment in November 2022.
Full Stop Australia’s acting CEO Tara Hunter said the inquiry is “urgently” needed in Australia for a consistent approach to consent.
“Until we have systems that acknowledge and understand the impacts of trauma, legislative change will not make the improvements we urgently need to see,” she said.
“Consent is a crucially nuanced topic; equally adequate consent legislation is far broader than a typical ‘no means no’ approach.”
There are several inconsistencies surrounding consent in states’ and territories’ legislation, including the definition and age of consent.
“Nationally harmonised” affirmative consent laws in Australia could put a stop to justice “being determined by location”, Full Stop Australia said.
Affirmative consent means consent to sex is ongoing, retractable and can only be given freely and voluntarily. Silence or lack of resistance does not mean consent, which cannot be given if someone is unconscious or intoxicated.
With the affirmative consent model of legislation, consent can never be assumed based on prior activity and individuals should always take measures to seek the other person’s consent.
Full Stop Australia is also proposing for stealthing to be criminalised in all jurisdictions under the reforms. Stealthing is a form of rape, where individuals agree to have sex with a condom and a person either removes it without the other person’s consent, or they lie about putting a condom on.
Other reforms that Full Stop Australia is advocating for include limiting “victim-shaming” cross-examination, trauma-informed training for justice system professionals and more.
The Senate inquiry begins July 25 at Parliament House in Canberra and will move to Melbourne and Sydney over three days.
According to the Australian Institute of Health and Welfare, nearly 2 million Australian Australian adults have experienced at least one sexual assault since the age of 15. Half of women did not seek advice or support after their most recent male-perpetrated sexual assault.
The 2021 National Community Attitudes to Violence Against Women Survey found up to 34 per cent of Australians still view allegations of sexual assault as a way of “getting back at men” or because they regret consensual sex.