Everyone should know about these changes to sexual consent laws
Sex can be an amazing part of your life. But it’s so important to understand how consent works – especially as there have been some recent changes to laws that mean Victoria has adopted the ‘affirmative consent model’.
What is consent?
In the most basic terms, ‘consent’ is an agreement between people to participate in sexual activity. But it’s much more than that. Following legislative reforms that came into force on 30 July, partners must now say or do something to check that any other person involved consents to the sexual activity.
This is a shift from the concept of ‘no means no’ to ‘only an enthusiastic and confirmed yes means yes’. Affirmative consent must also be given every time, even if the participants are involved in a relationship.
When is there no consent?
Consent needs to be given freely and without coercion. Consent cannot be given by someone significantly impacted by alcohol or drugs or who is unconscious, or by anyone under the age of 16.
Five new circumstances have been added where there can be no valid consent:
- force, harm or fear of force or harm of any kind
- coercion or intimidation
- abuse of a relationship of authority or trust
- false or misleading representation about payment for commercial sexual services
- agreement that a condom will be used, when in fact it is not used, removed or tampered with – known as stealthing.
In Victoria, sexual assault is defined as intentional sexual touching to which the recipient does not consent and the accused does not reasonably believe that the recipient consents. Legally, someone accused of sexual assault will now need to demonstrate that they had a reasonable belief that another person was consenting.
A belief is not reasonable if the person does not say or do anything to find out whether the other person consents immediately before or at the time of the act.
What about intimate images?
Image-based sexual abuse occurs when someone shares, or threatens to share, an intimate photo or video of a person without their consent. This can be in person or online. One in three teenagers has been subject to image-based sexual abuse.
Affirmative consent now applies to the production and distribution of intimate images, while penalties for distributing, or threatening to distribute, such images have increased.
Under the amended laws, the definition of ‘intimate image’ has expanded to:
- include digitally created images where the image is generated, manipulated or altered to appear to depict someone
- better apply to gender-diverse victim–survivors.
Remember: if you decide to share an intimate image or video of yourself with one person, it doesn’t mean that you have given permission for them to share it with anyone else.
Want to learn more or need some support?
These changes place greater focus on the actions of the person using sexual violence, rather than on the victim–survivor. They were made in response to the Victorian Law Reform Commission report, Improving the Response of the Justice System to Sexual Offences.
To learn more about consent, respectful behaviour and how to support people impacted by sexual violence:
- complete the Respect at Deakin online training module
- attend our online workshop: Family violence and sexual harm: supporting other students on 5 September or 13 September.
If you ever experience concerning, threatening, inappropriate or uncomfortable behaviour, Deakin’s Safer Community service can help. There’s also a range of Deakin and community-based support services available if this information has raised concerns for you, or you’d like support with an experience of sexual assault. In an emergency, always dial Triple Zero (000).