Change South Australian consent law

Change South Australian consent law

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Jamie Bucirde started this petition to Vickie Chapman (Attorney General) and

Sexual Consent laws in South Australia have been created to protect the perpetrators instead of help victims that have suffered sexual abuse.

The importance of changing sexual assault laws to protect people from sexual assault and hold perpetrators accountable for their actions has never been more prevalent. Changing toxic consent culture comes from our government taking action and changing laws to reflect values that people deserve safety, body autonomy & the right to say no.

In a crime statistics report released by the SAPOL this year in 2021, the number of Sexual assault and related offences was 222 in March and 193 in February. The current rolling year is at 2,098 which has increased by 6% since last year's number of offences of 1,978. 

As numbers continue to rise without convictions or justice to the people brave enough to come forward, we must adopt an affirmative consent model much like NSW. This is an ATTENTION to South Australia's Attorney general Vickie Chapman.

On Tuesday the 25th of May, The New South Wales government announced it would change the laws around sexual consent to better deliver justice to victims and survivors of sexual assault.The NSW government plan to adopt an affirmative consent model. This means a person must do or say something to affirm they have consent before sex occurs. 

The reforms will mean:

(a) a person does not consent to sexual activity unless they said or did something to communicate consent; and

(b) an accused person’s belief in consent will not be reasonable in the circumstances unless they said or did something to ascertain consent.

They will also retain the current meaning of consent as a free and voluntary agreement, while adding that it must be present when sex occurs. They will also affirm a person’s right to withdraw consent at any point; make clear that if someone consents to one sexual act, it doesn’t mean they’ve consented to other sexual acts; clarify the definitions of “sexual intercourse”, “sexual touching” and “sexual act”; and clarify that a defendant cannot rely on self-induced intoxication to show they were mistaken about consent.

The government says it also plans to introduce five new jury directions for judges to give at trial to address common misconceptions about consent and ensure a victim’s evidence is assessed fairly and impartially.

The affirmative consent model is generally designed to overcome a common hurdle in rape and sexual assault trials in some jurisdictions – that an alleged offender had “reasonable grounds” for believing the complainant had consented.

Essentially, these laws are changing a 'no means no' to a 'yes means yes', where legally someone must get enthusiastic consent before engaging in a sexual act with another.

Currently, South Australia refer to  consent as a "free and voluntary agreement". With 10,000 signatures, we can help change toxic consent culture in South Australia and set an example for other states to follow.

FOR MORE INFO: READ HERE FOR SEXUAL ASSAULT STATS & INFO ON LAW REFORM


 

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