Updated Queensland sexual consent laws passed State Parliament this week and are now in effect.
State Attorney-General Yvette D’Ath said the strengthened laws amend the Criminal Code to introduce an affirmative model of consent.
Minister D’Ath said under the changes 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.
She said moving Queensland to an affirmative model of consent brought the state into line with other Australian jurisdictions.
“Significantly, the laws also expressly acknowledge stealthing as a circumstance of non-consent and ‘rape’.”
Minister D’Ath said stealthing was the non-consensual removal of a condom or tampering with a condom before or during consensual sexual activity.
She said other important changes which were now in effect would 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.”
Minister D’Ath said other reforms included:
- 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.
Two community awareness campaigns began last month to promote the affirmative model of consent and recognition of the patterned nature and impacts of coercive control.
Minister D’Ath said 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, would begin on May 26, next year.
She said key implementation activities, including further community awareness and education activities, updating court policies and procedures, and training for court staff, police and other stakeholders would continue to be rolled out prior to commencement of these important reforms.
