Palaszczuk Government takes action towards affirmative consent and stealthing

• Palaszczuk Government introduces an affirmative model of consent and recognises “stealthing” as rape
• Stealthing is non-consensual condom removal or interference
• The legislation will strengthen sexual violence laws and provide additional protections for victim-survivors of sexual violence

New laws introduced into the Queensland Parliament are aimed at driving change in the way sexual offences are prosecuted and defended.

The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 if passed, will introduce an affirmative model of consent which requires free and voluntary agreement to participate in a sexual activity.

The amendments to consent also expressly recognise non-consensual condom removal or tampering with a condom, known colloquially as “stealthing”, as rape. The Bill also expands the non-exhaustive list of circumstances where there is no consent.

The move honours the Palaszczuk Government’s commitment to introduce a model of affirmative consent and will mean that the law better reflects community expectations of equality and mutual respect in sexual relationships.

The Bill was developed following extensive consultation with key stakeholders, including domestic, family and sexual violence stakeholders, and the legal profession.

The new laws related to affirmative consent and ‘stealthing’, address recommendations from the Women’s Safety and Justice Taskforce, Hear Her Voice Report two.

The Bill also includes other amendments which aim to address sexual violence, including introducing jury directions for sexual offence proceedings and imposing a duty on the court to disallow improper questions.

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

“The Women’s Safety and Justice Taskforce heard from victim-survivors of sexual violence who said they were traumatised by the offence and then re-traumatised by the justice system.”

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

“The reforms in this new law include introducing an affirmative model of consent and jury directions in sexual offence trials designed to address rape ‘myths’.”

“Failing to use, or interfering with a condom, strikes at the heart of a person’s right to bodily autonomy and their right to choose whether and how to participate in a sexual activity. It is rape and we are changing our laws to reflect this.”

“The Palaszczuk Government will continue to make reforms that keep Queenslanders safe and that hold perpetrators to account.”

Quotes attributable to Di MacLeod, Director, Gold Coast Centre Against Sexual Violence and Vice Chair of Queensland Sexual Assault Network.

“I welcome the State government’s introduction of these laws to better reflect the reality of sexual violence and to increase victim/survivor’s access to justice”.

ENDS

Media contact – Cullen Robinson 0418 170 474