Under the changes,consent might include,but would not be limited to,verbally asking and getting a “yes” in response;a physical gesture such as a nod;or reciprocating a move such as removing clothes.
Law Institute of Victoria president Tania Wolff has argued affirmative consent already exists in Victoria and the reforms would complicate the framework.
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The Crimes Act currently defines consent as “free agreement” and sets out a range of scenarios that do not constitute consent. It also states a person’s belief in consent must be reasonable,which includes steps they took to find out whether their sexual partner consented.
Jurors deliberating on sexual offence cases are directed to look at the circumstances and establish if they believe the accused took reasonable steps to attain consent.
Under the reforms,the accused must demonstrate what steps they took,meaning attention will focus on their actions to confirm consent,rather than what the accuser did,or did not do,to deny consent.
Wolff said the government should have focused on community education.