BY DAKOTA TAIT
New laws are now in force across the Hunter and the State, meaning people now need to give and receive clear consent from both parties before having sex or engaging in any sexual encounter.
It's hoped the reform will set clearer boundaries in situations where people are coerced or forced, or are in an unconscious state such as being asleep or intoxicated.
Nova for Women and Children CEO Kelly Hansen is welcoming the legislation.
She says it's a huge step in the right direction.
"I think that it has the ability to change attitudes around this, particularly with who they're targeting," she said.
"16 to 24-year-olds through social media, so really educating youth, and also, interestingly enough, they're targeting people through Tinder, older people."
Under the new laws, consent needs to be given freely and voluntarily, and can be withdrawn at any time.
Likewise, consent needs to be present for every sexual act, and consent in one given case doesn't apply to others.
There's an emphasis on communication, with both parties needing to do or say something to show or seek clear consent.
The State Government has worked with the legal system to make sure judicial officers, police, prosecutors and defence lawyers are up to speed on the changes.
It's hoped the legislation won't only better hold perpetrators to account, but curb rates of sexual assault.
Ms Hansen says victims can often feel ashamed about what happened.
She's hoping the laws will also trigger a cultural shift for both perpetrators and victims of sexual violence.
"Often telling your story, you'll often avoid telling it," she said. "Particularly if you feel like you gave consent to begin with, and then pulled out and it still happened."
"It's changing those attitudes and seeing that you have a right around your body."
The laws come alongside a package of new directions judges can provide to juries, which are hoped to ease the burden on the prosecution and victims of sexual violence.
The directions include a number of clarifications, including that rape can still occur in a relationship or that sexual offences aren't always accompanied by violence or coercion.
Juries also must not rely on preconceptions around how victims react to trauma or emotional distress in court, or make assumptions that someone consented because they were under the influence of drugs or alcohol.
"I'd read an article from the UK that talked about rape within marriage," Ms Hansen said.
"Often, juries have older people because they've got time to be on a jury and do jury duty, and often there would not be a conviction. They doubted rape within marriage."
"For me, the most exciting part is that direction to juries, and really challenging some very old attitudes and very patriarchal attitudes toward women."
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| Image credit: NSW Government. |
