Vile sex act to become a criminal offence in Victoria

Students need explicit ­instruction about new laws that make it illegal to proceed with sexual interactions without affirmative consent, experts have warned.

Students need explicit ­instruction about new laws that make it illegal to proceed with sexual interactions without affirmative consent, educational experts have warned.

Reforms introduced to parliament on Thursday will ­introduce an affirmative consent model that requires parties to give and obtain consent “at the time of the act”.

That includes a person asking – and getting a ”yes”, or a gesture like a nod – or reciprocating a move, such as removing clothes from a sexual partner.

Also under the new laws, stealthing – the act of removing or not using a condom without the other person’s knowledge or consent – will become a crime.

Victorian Attorney-General Jaclyn Symes. Picture: Andrew Henshaw

Image-based sexual abuse, such as taking intimate videos of a person without consent, and distributing, or threatening to distribute, intimate images will also be targeted in the legislation, as will the practice of “deepfake” porn in which a person’s face is put on existing pornographic ­images.

Attorney-General Jaclyn Symes said the reforms would take the focus in sex crimes off the victim and instead put the question on the offender.

“This is about putting the attention back on the accused – what did they say or do ­(beforehand),” she said.

“This will, importantly, take the emphasis off the victim. For too long outdated stereotypes have crept into the justice system (focusing on) what victims are wearing, what they might have said, what their ­actions after the events were.

“It will take the pressure off ‘what did the victim do?’ This is flipping it. This is about what you did, accused.

“This is about modernising our sexual offence laws.”

Susan McLean, a cyber safety expert who has talked to thousands of schoolchildren, said many might not ­understand how the new law applied.

“Everyone can read the legislation, but they won’t understand the application,” Ms McLean, a former cop, said.

“Students think that if someone doesn’t say no then they mean yes, but this is not the case.

“Students need explicit teaching delivered by qualified people. These laws designed to protect only work when they are known and applied.

“There needs to be clear and concise explanation, and lots of examples.”

Deakin University’s Debbie Ollis, who is updating educational resources and responsible relationships materials used in Victorian schools, said the aim was to ensure students “understand the nuances as well as the legal aspects”.

“They need adequate skills and information to help them unpack the legal requirements through a range of scenarios,” Professor Ollis said.

Education Minister Natalie Hutchins said the government would update schools’ Respectful Relationships resources.