Australia’s sexual consent laws could soon be overhauled

Key legislation that impacts every single Australian could soon be overhauled, with proposals being considered over three massive days of hearings.

Australia could soon see a major overhaul of its sexual consent laws, with an inquiry examining a number of proposed changes to national legislation.

Tuesday marked the start of three days of public hearings as part of a Senate inquiry into current and proposed sexual consent laws in Australia.

A number of proposals have already been submitted, with the inquiry to also hear from a number of consent activists, domestic violence and assault support organisations and legal experts.

Chanel Contos, founder of the Teach Us Consent project that calls for earlier and more holistic sexual education lessons, told news.com.au that Australia needs consistent consent laws across the country.

“So, all of the different jurisdictions, whatever they’re doing best in their specific legislation needs to be reflected across the country,” she said.

Ms Contos, who spoke before the senate committee today, is particularly passionate about the criminalisation of ‘stealthing’, which is the act of removing a condom without consent during sex.

“I see it as one of the most common forms of sexual violence that is perpetrated out of ignorance and entitlement,” she said.

Chanel Contos is the founder of Teach Us Consent. Picture: Liam Kidston

Ms Contos said affirmative consent laws are also “extremely important to switch the whole narrative from ‘No means no’ to only ‘Yes means yes’’.

Dr Rachael Burgin, Senior Lecturer in Criminal Justice at Swinburne University of Technology, is also calling for a standard of affirmative sexual consent and “minimum standards to support law makers across Australia to legislate that standard”.

Affirmative consent is based on the premise of ongoing communication where consent is actively given by all parties involved in a sexual act.

Tasmania, NSW, Victoria and the ACT all have affirmative consent laws in place, but many are calling for legislation that is consistent nationally.

Dr Burgin, who is also the Chief Executive of advocacy organisation Rape and Sexual Assault Research and Advocacy (RASARA), took part in the first day of public hearings for the inquiry.

The senate inquiry is looking into Australia’s current consent laws and the national changes that are being proposed. Picture: NCA NewsWire / Nicholas Eagar

She told news.com.au it is important for Australians to remember what the focus of the senate inquiry actually is.

“We’re not talking about how we should be teaching young people about consent. We’re not talking about the best practice of appropriate interactions. We’re talking about a legal principle that needs to apply when we’re dealing with a scenario where it’s gone wrong,” she said.

“It shouldn’t change the way people having sex. If they’re already having sex that is respectful, that is mutual, where consent is sought and given, then it shouldn’t affect people.

“It’ll only affect people who are disregarding whether or not a person is consenting. So for the everyday Australian, this shouldn’t change anything. That’s why we should all support it.”

Ms Contos also told news.com.au that unifying sexual consent laws across the country will not only help sexual assault survivors in the courtroom, but further ingrain higher community standards around consent.

“I think that’s where this can have a really powerful effect,” she said.

“If we do have this monumental change in laws around the country, alongside that will come significant media coverage, you’ll have to start educating society on those law changes. It will be that you have to start educating society on those law changes. There will have to be campaigns in each jurisdiction and national campaigns to talk about it.

“And we cannot underestimate the power of public education through that process.”

The senate committee overseeing the inquiry of current and proposed sexual consent laws in Australia met for the first day of public hearings in Canberra.

The next two days of hearings will take place in Melbourne and Sydney.