A review of the ACT's affirmative consent laws, which came into effect in 2022, has found the reforms are delivering on their objectives and improved legal responses to sexual violence in the community.
Feedback from stakeholders across the government, legal, health, community, and advocacy sectors supported the laws for clearly capturing what is, and is not, acceptable consent.
The review determined that definitions for consent in the legislation were clearer and better aligned with current community views on consent and acceptable behaviour.
Attorney-General Tara Cheyne welcomed the review's findings.
"The ACT's landmark affirmative consent reforms reflect our deep commitment to preventing and responding to sexual violence in our community," the Attorney-General said.
"They reflect a cultural shift, moving beyond a 'no means no' model toward an understanding of consent as something that must be positively communicated.
"This review found our laws more clearly aligned the legal definition of consent with contemporary community standards, while effectively capturing the nuances and complexities of consent.
"The effectiveness of these laws reflects our commitment to preventing and responding to sexual violence."
The review found the consent laws may be one of several factors contributing to increased confidence in reporting sexual offences. Reporting and charging rates have both increased since the commencement of the laws, and the number of people reporting a sexual offence to police and then withdrawing their report prior to a charge being laid, has fallen.
The ACT was the first jurisdiction in Australia to legislate an affirmative communicative model of consent in 2022. It's also the first jurisdiction to undertake a review of its laws, contributing to a national evidence base for affirmative communicative consent models.
To support the implementation of these new laws and raise community awareness of the reforms, the government launched an affirmative consent public awareness campaign in July this year. The campaign reinforces that consent must never be presumed, but rather affirmed through ongoing, respectful communication and mutual decision-making.
Minister for the Prevention of Family, Domestic and Sexual Violence, Dr Marisa Paterson has highlighted the significance of the review's findings.
"From introducing the affirmative consent laws in the Legislative Assembly to now seeing them successfully implemented, I am proud to have helped create better and safer outcomes for our community.
"Affirmative consent is about shifting our culture towards one that prioritises respect, communication, and safety in all relationships. These reforms, supported by education and awareness, are a critical step in preventing sexual violence and empowering our community to understand and practise consent."
More information and resources on affirmative consent are available on the campaign website.
