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New training to commence in June for consent law reforms in the legal sector
Consent is a fundamental part of the law of sexual offences. Successive reforms by the Make No Doubt campaign in NSW have raised awareness of how sexual activity by young people can be better addressed by the criminal justice system.
Simon Levett
It is likely that there will be enhanced interest in empowering young people, particularly young women, given the new priorities for women in the context of the Federal Parliament.
The NSW government has released a series of videos as the product of nine months of consultation with numerous stakeholders, including sexual violence service providers and community groups. The NSW Attorney-General, the Honourable Mark Speakman SC, stated that they consulted extensively with young people aged 16 to 24 during the campaign concept and development stages, conducting both qualitative and quantitative research.
Participants for the components included young people from culturally and linguistically diverse (CALD) backgrounds, Aboriginal young people and young people from metropolitan, regional and rural areas.
Key legislation had been previously introduced through the Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021. This legislation aimed to clarify consent provisions in the Crimes Act 1900, to strengthen laws to clarity around multiple sexual acts, to address misconceptions about consent in trial proceedings and to improve the victim experience of the justice system in general as well as juror understanding of the complexities of sexual offending and reporting.
The NSW AG told Lawyers Weekly that the latest round of the “the consent law reforms would commence on 1 June 2022, six months after assent, to allow police and the courts time to implement them, including through training, educative materials, and technical updates”.
The campaign also addresses a recommendation by the NSW Law Reform Commission for community education about new consent laws.
Targeted education programs for judges, legal practitioners and police will be a focus arising from the reforms. The NSW AG said that “the NSW government is working with agencies to ensure judicial officers, lawyers and police are well-informed about the changes to consent law. This includes the Judicial Commission of NSW, which provides a continuing education and training program for NSW judicial officers.”
There will be five new jury directions available for judges to give at trial to address common misconceptions about consent.
According to the NSW AG, these jury directions include the following areas:
- sexual assault can occur in many different situations, including between acquaintances or people who are married or in a relationship;
- sexual offences aren’t always accompanied by violence, threats or physical injuries;
- there is no normal or typical response to being sexually assaulted, and juries must not rely on preconceived ideas about how people respond to a sexual assault;
- trauma may affect people differently, which means some people may show signs of emotional distress when giving evidence and some may not; and
- it should not be assumed that a person consented because of their behaviour, such as the way a person is dressed or the fact that they have consumed alcohol or drugs.
Ultimately, phase three of the Make No Doubt community education campaign will empower young people to check consent before engaging in sexual activity. The NSW AG said that “these reforms make it clear that if you want to engage in sexual activity with someone, then they need to do or say something to show consent or you need to do or say something to seek consent”. These reforms are not just about holding perpetrators to account, but changing social behaviour.
