Pressure to amend consent law

Advocates have called for consent legislation before Queensland parliament to be overhauled, saying current laws are inadequate.

Advocates have called for consent legislation before the parliament to be overhauled so that Queensland can adopt an affirmative model of consent.

The government would not say yesterday if the laws would be brought before parliament this week or if they would make any changes to the Bill.

A government spokeswoman said it was an election commitment that the government reintroduce the Bill as it was, but pointed out that any amendments would be considered in “due course”.

It came as advocates renewed their calls for the government to change the law so that Queensland can move towards an affirmative consent model.

Women's Legal Services Queensland CEO Angela Lynch. Picture: AAP Image/Mick Tsikas

Women’s Legal Service Queensland (WLSQ) chief executive Angela Lynch said the demonstrations around the nation in the past week had shown the community had moved forward, and said the current laws had failed to keep up with community expectations.

She said she expected a recent taskforce that had been established to examine women’s experiences in the criminal justice system would also likely consider affirmative consent.

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But she questioned why women should have to wait another one to two years for justice.

“The government … are in power to act in the best interests of the Queensland community,” she said.

“And we implore them, as we have implored them all the way through in our advocacy around this issue, to make substantive changes to this legislation.

“The Premier and all of the Ministers marched in the street as well.

“They are in power and have the ability to make change …”

March 4 Justice rally in Brisbane CBD. Picture: Liam Kidston

In its submission to the parliamentary inquiry that examined the legislation, WLSQ said the definition of consent proposed by the Queensland Law Reform Commission should be modified to an affirmative model of consent, where “if a person does not do or say anything to indicate consent they do not consent”.

“WLSQ advocates for a definition of consent which requires and reflects positive “agreement”

between parties engaged in the sexual activity,” the wrote.

Ms Lynch said an affirmative consent model had been in place in Tasmania since 2004.

Dr Rachael Burgin, chair of Rape and Sexual Assault Research and Advocacy, said the Bill that was currently before the parliament was problematic because it did not instate affirmative consent into law.

“The government should be seeing that there is broad support for reform to this area of law and they should act,” she said.

The government introduced the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill last year following a review by the Queensland Law Reform Commission.