Sexual Assault Allegations and Affirmative Consent
In May of 2024, the Law Reform Commission of Western Australia tabled its Final Report on Project 113: Sexual Offences in State Parliament.
Commissioned in 2021 by Attorney-General John Quigley, the report made 134 recommendations aimed at helping the Western Australian legal system better address sexual violence.
One of those recommendations was to legislate affirmative consent, a move that would put WA in line with most states.
This would be a significant shift from existing Western Australian law. However, it is a change supported by several political parties and NGOs that would make the law more responsive to the needs of younger people.
Western Australia’s current laws
In WA, consent is defined as a free and voluntary agreement to engage in a sexual act. It must be given without any form of coercion, intimidation, force or deception.
Consent can be withdrawn at any time and cannot be given by someone under the age of 16 years.
Engaging in a sexual act without consent will be judged a sexual offence. These are serious offences and if a defendant is found guilty, their conviction will likely result in jail time.
You can read more about sexual assault charges and how Chambers Legal can assist you with them here.
What is affirmative consent?
Affirmative consent, as defined by the report, is actively sought content where no party feels coerced, threatened, or forced. Under this model:
“a person does not consent to an activity with another person only because the person does not say or do something to resist or prevent the activity”.
This means that silence, inaction or a lack of resistance cannot be considered consent.
Affirmative consent emphasises that consent is ongoing and can be withdrawn at any time. It also makes clear that both parties must take reasonable steps to ensure the other person consents.
The aim is to shift the how we view a sexual offence from “did the victim say no?” to “did all parties actively agree?”
What else did the report recommend?
Besides legislating affirmative consent, the report recommended:
- Government developed training for police, lawyers and judicial officers
- Expanding the list of circumstances where someone cannot consent to sexual activity
- Criminalising “stealthing”, the act of removing or tampering with a condom without consent
- Increasing maximum penalties
- Improving directions to juries
Find a sexual assault lawyer in Perth
If you have been accused of sexual assault, do not hesitate to contact Chambers Legal.
We have an experienced team of sexual assault lawyers who can advise you on legal defences and prospects of success at trial.
Our team prides itself on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.