Major changes to consent, sex crime laws

A massive review of sex crime laws in Victoria would dramatically change the definition of consent as part of a crackdown on sexual violence.

Stealthing would become a criminal offence and a person must confirm they have received consent under a major overhaul of the way sex crimes are reported and punished in Victoria.

The state government will adopt an affirmative consent model as part of key recommendations from the Victorian Law Reform Commission’s (VLRC) report “Improving the Justice System Response to Sexual Offences”.

The proposed changes to the Victorian Crimes Act will mean that a person must confirm they have received consent from a sexual partner in a bid to shift scrutiny from the actions of the victim-survivor to those of the accused.

The state government will also amend laws that explicitly make stealthing – which is the removal of a condom or other protection during sex without the other person’s knowledge or consent – a crime.

It comes after the VLRC’s report highlighted the need for wide-ranging reform. The report found that sexual violence was a widespread problem that continues to be significantly under-reported.

Even when reports are made, many cases don’t make it to court – and few that do result in conviction.

The report also found that the definition of consent should be reviewed, along with the question of whether a person’s belief in consent is reasonable.

The report made a series of recommendations including how criminal investigations and trials can be improved to minimise trauma, how the system can better support victim-survivors and keep them informed, and how education and outreach can shift community attitudes about sexual offending and consent.

Victoria’s current laws also needed to recognise the seriousness of image-based sexual abuse, the report stated, recommending that it should become an indictable crime investigated by specialist police.

Attorney-General Jaclyn Symes said all of the VLRC’s recommendations would be considered in detail and would shape the state government’s 10-year strategy to address sexual violence and harm.

As part of the initial response, a $5.2m funding boost will be delivered to specialist sexual assault services to help respond to increased demand and reports.

It will allow services to hire extra staff, provide more specialist support sessions and help to assist hundreds more women and children in need.

Ms Symes said the landmark report highlights just how much work is needed to deliver a justice system that works for victim-survivors.

“It’s an enormous job – and we’ll work closely with those who know this issue best to get it done,” Ms Symes said.

“To victim-survivors, we hear you. The system must change. This is too important not to act.”

Prevention of Family Violence Minister Gabrielle Williams said victim-survivors have lived silently with the trauma of sexual violence for too long.

“Today, we honour their strength, resilience and courage – delivering reform that will assist in getting the justice they deserve,” Ms Williams said.

“Sexual assault violates trust, autonomy and respect in some of our most vulnerable moments – too often perpetrated by those who are supposed to love us the most.”

The government will consult extensively with victim-survivors, law enforcement agencies, the courts and other stakeholders in developing legislation, which will be introduced next year.