Proposed Victorian laws to crack down on 'stealthing' and image-based sexual abuse

New laws being introduced to the Victorian parliament on Thursday are designed to adopt an affirmative consent model in order to change community attitudes towards sexual offences, and move away from victim-blaming.

DANIEL ANDREWS IBAC REPORT REAX

Victorian Attorney-General Jaclyn Symes said an affirmative consent model is an important part of changing community attitudes towards sexual offences. Source: AAP / DIEGO FEDELE

This article contains references to sexual assault/abuse.

New Victorian laws will make it clear that "stealthing" is a crime and crack down on perpetrators who dole out intimate images and deepfake porn.

The laws are being introduced to parliament on Thursday and adopt an affirmative consent model, emphasising everyone's responsibility to get consent before they engage in a sexual act.

Under the reforms, a person must have a clear and enthusiastic go-ahead for their belief in consent to be reasonable, shifting scrutiny off victims and back onto perpetrators.
The consent can include, but is not limited to, verbally asking and getting a "yes" in response, a physical gesture such as a nod, or reciprocating a move such as removing clothes.

"An affirmative consent model is an important part of changing community attitudes towards sexual offences moving away from victim-blaming and reducing the shame and trauma often felt by victim-survivors," Attorney-General Jaclyn Symes said.

The reforms clarify that stealthing — which is removing, tampering with, or not using a condom without consent — is a crime.

By doing so, authorities were not only condemning that behaviour, but making it easier for victims to realise when it has happened to them, Ms Symes said.

Too often the justice system is stacked against victim-survivors of sexual assault, Victims of Crime Commissioner Fiona McCormack said.

Ms McCormack encouraged the government to invest in training for justice system staff and other laws to help victims.
"Hopefully, this legislation will translate not only to better justice outcomes for victims of sexual assault but also provide an opportunity for a broader conversation in the community about the nature of respectful sexual relationships," she said.

Additionally, new laws will further target image-based sexual abuse, which includes taking intimate videos of someone without their consent. It also includes distributing or threatening to distribute intimate images, including deepfake porn.

The bill includes new jury directions, which the government says will address misconceptions in sexual offence trials. Reforms will also better protect sexual offence complainants' confidential health information.

At parliament on Thursday, Ms Symes said she was not sure whether the bill has bi-partisan support, but if passed, the laws would come into effect by June next year.

If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.

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3 min read
Published 4 August 2022 10:41am
Updated 4 August 2022 11:59am
Source: AAP



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