The NSW Government’s advertising and awareness campaign for the new consent laws featured some steamy scenes. Source: NSW Government (YouTube)
NSW’s new “affirmative” sexual consent laws come into effect from today, and it has already sparked divisive opinions not even halfway through its first day as legislation.
Persons wishing to engage in sexual activity must “say or do” something to check consent with the other person involved, removing the presumption that someone is consenting because they haven’t said no.
Basically, it must be “clearly communicated” and “ongoing”.
Most legal and political figures have publicly supported the new laws, but there are also fears that they will be on unfair on genuine victims and spike a rise in rape allegations.
Sexual assault advocacy groups have supported the reforms.
NSW Attorney-General Mark Speakman believed that the fresh laws would change the way we socially interact and communicate, plus provide clear support for police as he insisted that they were not “some woke lawyer view of the world”.
“These reforms make it clear that if you want to engage in sexual activity with someone, then they need to do or say something to show consent or you need to say or do something to seek consent,” he said.
⚖️ New affirmative consent laws start today in NSW.
⚖️ The laws set clearer boundaries for consensual sex, reinforce the basic principle of common decency that consent is a free choice involving mutual and ongoing communication, and reinforce that consent should not be presumed. pic.twitter.com/O5prvsvYM5— Mark Speakman (@MarkSpeakman) May 31, 2022
Those sentiments were strongly backed by NSW Child Abuse and Sex Crimes Commander Detective Superintendent Jayne Doherty this morning.
“The NSW Police Force is supportive of moves to simplify and strengthen consent laws in NSW and a legislative model for affirmative consent,” she said.
“The new laws include scope for an evaluation of the legislation by police on investigations, prosecutions, and complainants’ experience with the criminal justice system at a later date.”
However, high profile barrister Margaret Cunneen SC said the courts would now be swamped with sexual assault cases.
“There are so many sex cases in the system now, it is just ridiculous,” she told The Daily Telegraph.
“It will hold up the real cases with merit and be very unfair on genuine victims and anyone wrongly accused has to wait longer to have his or her name cleared.
“No doubt there will be more [cases] because of this.”
Ms Cunneen represented former NRL star Jarryd Hayne in his third rape trial, where he was sentenced for a maximum of five year and nine months for two counts of sexual intercourse without consent.
Hayne then had his conviction quashed in February and is currently on bail, with a fresh trial ordered.
