This article contains references to rape/sexual assault.
A change to consent laws in NSW is being heralded by sexual assault advocacy groups, but they say survivors are still being let down by issues with the justice system.
– is being coupled with an education campaign running on social media depicting situations young people could find themselves in.
The laws, which have been described as "common sense reforms" and not “some woke lawyer view of the world" by NSW attorney-general Mark Speakman, mean a person is not considered as having consented to a sexual activity unless they say or do something to indicate that consent has been given.
'We've stripped survivors of their personhood'
Executive Director at Rape and Sexual Assault Research and Advocacy, Dr Rachael Burgin, said the law also strikes a better balance between victim/survivors and the accused, by ensuring consent emphasises ongoing communication.
But she also said there was concern about issues in the justice system.
"It's such a disappointment that we're tinkering with a system when we need a system overhaul, " Dr Burgin said.
"We've stripped survivors of their personhood in such a horrible way, and all of that needs to change.
"And it will struggle to change in a criminal justice system that is built on patriarchal, white privilege."
Reforms such as independent legal representatives for victim/survivors, as well as specialist courts for sexual assault cases would offer a safer space to engage in traumatic experiences, according to Dr Burgin.
She said police must also be adequately educated and trained to better communicate with victim/survivors at this critical stage in the criminal process of sexual assault.
"The experiences of victim/survivors tells us their engagement with police is terrible," she said, adding:
"Victim/survivors don't feel like they were believed or heard, but they also often have to tell their story 17 times to different officers."
Mr Speakman said there were a number of protections in NSW legislation "to ensure that court processes assist a victim-survivor to give their best evidence".
He added, as part of the consent reforms, there would be work carried out looking at "the whole criminal justice journey of the complainant, from the point of the initial engagement with NSW Police Force to the final outcome".
Speaking about the new legislation, Child Abuse and Sex Crimes Squad Commander, Detective Superintendent Jayne Doherty said the new laws enable ongoing evaluation by police on investigations and complainants' experience with the criminal justice system.
Concerns around experiences in the justice system have been cited as among the reasons for under-reporting of sexual assault, with only 28 per cent of Australians aged 18 years and over who experienced sexual assault reported the incident to police between July 2018 and June 2019, according to the Australian Bureau of Statistics.
Director at Rape and Sexual Assault Research and Advocacy, Saxon Mullins, was a leading figure behind the new laws, and hopes the affirmative model can change society's understanding of consent.
She said: "It’s removing that ambiguity, it’s removing that assumption of consent unless otherwise advised."
'Milkshake consent' backlash
The NSW Government 'Make No Doubt' campaign targets 16 to 24-year-olds and is a key element accompanying the new laws. Videos on social media platforms demonstrate realistic scenarios of young people engaging in consent during sexual activity, and are tailored to platforms as diverse as Tik Tok and Tinder.
Past campaigns have been criticised for relying on metaphors to teach consent to young people. The Australian government's 2021 milkshake consent campaign was pulled after a political backlash, which decried the videos as cringeworthy and confusing.
Teach Us Consent Founder and CEO, Chanel Contos, said the current campaign is the first by an Australian government that portrays "real life examples" for young people to better understand consent.
"They use relatable examples of young people depicted in situations, without using metaphors or analogies, and speaks to young people as if they have agency, which of course they do."
If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit 1800Respect.org.au. In an emergency, call 000.
