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ARTICLE · 05 SEPTEMBER 2022

Affirmative consent in sexual offences

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The affirmative consent model is an attempt to have the law better reflect modern standards of sexual behaviour.

AustraliaCriminal Law
Cassandra Knight-Grull
Cassandra Knight-Grull
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In late 2021, when it seemed like questions of consent were everywhere - consent to vaccines, to mask-wearing, to QR codes - a series of consent law reforms were being discussed in government.

The Victorian Law Reform Commission (VLRC) released its 'Improving the Justice System Response to Sexual Offences Report' on November 12, and the Victorian Government shortly after pledged to adopt several of its recommendations, including the introduction of an 'affirmative consent' model. This was designed to improve a number of issues under the current system, such as low conviction rates and the re-traumatising impact of the court process on complainants. Draft legislation introducing this change finally made its way into Parliament earlier this month.

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