Victoria is the latest jurisdiction to introduce affirmative
sexual consent laws, becoming the third Australian jurisdiction to
enact laws which require those who participate in sexual activity
to take positive steps to ensure the other party or parties are
consenting.
The move has raised a discussion regarding such laws should be
passed across Australia – whether by individual states and
territories – or in a unform manner under federal
legislation.
Sexual offence
laws in Victoria
At the end of July 2023, a range of new
sexual offence laws came into effect in Victoria which have
largely adopted recommendations made by the Victorian Law Reform
Commission last year in its Improving the Justice System Response
to Sexual Offences report.