Labor MP Katrine Hildyard calls for inquiry into sexual consent laws

An MP is pushing for an inquiry to clear up confusion about what constitutes sexual consent, and how SA’s laws define it.

Laws that define how a person gives consent to sexual activity would be scrutinised by a parliamentary inquiry, under a push by an Opposition MP.

The inquiry would also examine whether education programs are working and what else could be done “to create a broader and deeper understanding of what constitutes consent”.

The push by Labor MP Katrine Hildyard comes amid a groundswell of anger across the nation about sexual assault and disrespect of women.

South Australian schoolgirls and young women have contributed their confronting stories to a growing online petition initiated by former Sydney private school student Chanel Contos.

They include one SA woman who described a “blatant misunderstanding” of consent by several boys who forcefully continued with sex when she told them to stop.

“Brave women are courageously speaking out. Tens of thousands of women recently marched for change,” Ms Hildyard said, referencing the March4Justice movement that followed allegations of sexual assault involving people working in the federal parliament.

“Our South Australian parliament can contribute to change too.”

SA’s current Criminal Law Consolidation Act states that consent is given if a person “freely and voluntarily agrees to the sexual activity”.

There can be no force or threat used.

The person must be conscious and not intoxicated “to the point of being incapable” of agreeing and they must be able to understand the nature of the sexual activity.

Ms Hildyard said the proposed inquiry, to be conducted by a committee of MPs, would consider whether that legislation was “adequate and well understood”.

“We must thoroughly and urgently examine what is understood about consent to sexual activity and whether existing laws and education programs are ... in line with the urgent need to change attitudes and stop violence before it starts,” she said.

MPs will have to vote to approve the inquiry.

SA students have called for education in schools to focus more on safe, modern sexual relationships rather than just babies and body image.

The principal of leading girls school Loreto College recently urged “every parent” to have a conversation with their children about sexual consent – even if they think they are too young.

The SA Education Department and individual schools are already reviewing their sex education policies.

Attorney-General Vickie Chapman said she would consider Ms Hildyard’s motion.

For support phone the national sexual assault counselling service on 1800 RESPECT.