SUBMISSION

Submission on review of the sexual consent provisions in the Crimes Act 1900 (NSW)

This submission draws on ANROWS research to outline ways in which the legislative consent provisions in the Crimes Act 1900 (NSW) – and the criminal justice system more broadly – could be improved to better respond to and protect victims and survivors of sexual offences.  

The submission outlines issues relating to the practical application of s 61HA of the Act (with this section pertaining to the statutory definition of consent), including the experiences of sexual assault victims and survivors in the criminal justice system.

In essence, the submission proposes that in order to better protect this group, s 61HA of the Act must reflect a relationship-based approach that is more broadly focused on the victim’s and survivor’s self-identified experiences. This would recognise the use of power and control occurring within intimate partner relationships as central tenets, and reflect the seriousness and unique circumstances of sexual assault and violence occurring within these relationships.

The submission covers issues including, but not limited to:

• the need for the Act to reflect the seriousness and circumstances of sexual assault and violence in intimate partner relationships
• the need to account for diversity of experiences of sexual assault and violence, particularly among the following groups:
  • Aboriginal and Torres Strait Islander women
  • women from culturally and linguistically diverse backgrounds
  • women with disability
  • LGBTQ and intersex people
  • women in prison
• intersections between domestic and family violence, and sexual assault and violence
• the link between alcohol use and both the perpetration of sexual violence and women’s victimisation.

 

 

Suggested citation

Australia’s National Research Organisation for Women’s Safety. (2018). Re: Submission on review of the sexual consent provisions in the Crimes Act 1900 (NSW) [Submission]. ANROWS.