The ACT Council of Social Service (ACTCOSS) supports Dr Marisa Paterson MLA’s exposure draft of the Crimes (Consent) Amendment Bill 2021, but wants more clarity on how it would affect disabled and queer people.
Dr Paterson wants to reform the ACT’s consent laws; instead of consent being assumed, sexual partners must give consent, which can be withdrawn at any stage.
ACTCOSS agreed that consent must be communicated, not assumed; this would bring the ACT in line with other jurisdictions and make it easier to address sexual assault, argued acting CEO Craig Wallace.
“This legislation, coupled with effective community education programs, will make a substantive difference in people’s lives,” he said.
Nationally, fewer than 40% of sexual assault cases resulted in a guilty verdict, Mr Wallace observed. In the ACT, he said, trials and conviction rates had dropped significantly, even though more alleged offences were reported to victim services and to police, while countless other assaults were never reported, due to the actual and perceived difficulty of prosecution.
Sexual violence most commonly affected vulnerable people; in Australia, 70% of women with a disability experienced sexual violence, and almost half the LGBTIQA+ community had been sexually assaulted. Indigenous and culturally and linguistically diverse women were also at risk.
While welcoming this aspect of Dr Paterson’s Bill, Mr Wallace suggested “further clarity and consultation” was necessary; the legislation could have “perverse consequences and impacts on marginalised people”.
ACTCOSS was concerned the new provisions could capture LGBTIQA+ people if they did not disclose their sexual or gender identity or history before engaging in relationships. Some disabled people might find it difficult to communicate consent; Mr Wallace recommended the legislation address the complexities.
“ACTCOSS supports the proposed legislative changes and the opportunity they provide for victims to address trauma they have experienced,” Mr Wallace said. “However, government must examine mitigations to avoid unintended and potentially harmful consequences.”
