New sexual consent laws take effect

• Affirmative model of consent introduced
• ‘Stealthing’ now explicitly a circumstance of non-consent

Landmark reforms to sexual consent laws passed by the Miles Government, take effect in Queensland from today.

The strengthened laws, borne out of the groundbreaking Women’s Safety and Justice Taskforce, amend the Criminal Code to introduce an affirmative model of consent.

Under the new affirmative model of consent, consent to sexual activity must be mutually agreed, all participants have to say or do something to seek consent, and consent must be communicated back to the asking participant. 

Moving Queensland to an affirmative model of consent brings the state into line with other Australian jurisdictions.

Significantly, the laws also expressly acknowledge stealthing as a circumstance of non-consent and ‘rape’. ‘Stealthing’ is the non-consensual removal of a condom or tampering with a condom before or during consensual sexual activity.

Other important changes coming into effect today will provide greater protection for victim-survivors of sexual offences.

There are new and improved jury directions for sexual offence proceedings to reduce the influence of ‘rape myths’ on jury deliberations and decisions.

Other reforms include:

• Provisions to disallow improper questions have also been strengthened,
• Expanded reasonable excuse provisions for the ‘failure to report’ offence,
• Expanded admissibility of preliminary complaint evidence to domestic violence offence proceedings.

The changes, part of the legislative reform arising from recommendations made by the Women’s Safety and Justice Taskforce, are contained in the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 which passed in March this year.

Two powerful community awareness campaigns began last month to promote the affirmative model of consent and recognition of the patterned nature and impacts of coercive control.

Amendments relating to the new criminal offences of coercive control and engaging in domestic violence or associated domestic violence to aid a respondent, and a court-based domestic violence perpetrator diversion scheme for adults, will begin on 26 May 2025.

Key implementation activities, including further community awareness and education activities, updating court policies and procedures, and training for court staff, police and other stakeholders will continue to be rolled out prior to commencement of these important reforms.

More information about the government’s affirmative consent campaign can be found here: https://www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/sexual-abuse-assault/only-100-is-consen

Quotes attributable to the Attorney-General, Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette D’Ath:

“We have heard the many voices of women and girls who told the Women’s Safety and Justice Taskforce about their experiences of the criminal justice system.

“Because of the Miles Government’s action, today they have more protections.

“We implemented these initiatives to better support victim-survivors of domestic, family and sexual violence.

“Importantly these changes apply to all victim-survivors, irrespective of gender.

“The Taskforce found that sexual offence laws are often misunderstood, and rape myths and stereotypes, including narratives of ‘implied consent’, still feature heavily in trials.”

“A person who engages in ‘stealthing’ or removing a condom without the other person’s knowledge or consent is now effectively committing rape and will be prosecuted accordingly.

Quotes attributable to Minister for Health and Minister for Women Shannon Fentiman:

“Today is an important day in Queensland’s history and one I am extremely proud of.

“This reform was only possible thanks to the advocacy of victim survivors who bravely shared their stories and informed the work of our women’s safety and justice taskforce.

“Importantly, our new laws better reflect community expectations by recognising stealthing for what it is – rape.

“The Miles Labor Government will continue to listen and believe Queensland women and will never stop fighting to keep them safe.

“It’s why we’re delivering a 20 per cent boost in funding to our incredible sexual violence services.

“We will continue to invest in awareness campaigns that educate Queenslanders because we know we need more than changes to the law; we need our communities to change too.”

ENDS