Tasmania's parliament approves changes to consent laws to include 'stealthing'

The non-fatal strangulation, choking and suffocation of someone is now its own criminal offence in Tasmania, bringing the island state into line with the rest of the country.

A woman speaking in front of a microphone.

Tasmania's Attorney-General Elise Archer said new laws passed by the state parliament sends a strong message that violence in any form will not be tolerated. Source: AAP / Rob Blakers

This article contains references to sexual assault and family violence.

Removing a condom during sex without consent is now illegal and choking someone is now its own criminal offence under new Tasmanian laws.

The changes passed both houses of state parliament on Thursday in a move announced in June 2021.

Attorney-General Elise Archer said the "very significant reforms" will strengthen the state's laws and send "a strong message that violence in any form will not be tolerated in Tasmania."
"This significant suite of reforms confirms we are continuing to ensure our laws are strong and robust, to protect victim-survivors of family violence, and ensure perpetrators are appropriately held to account for the severity of their crimes," she said.

The legal definition of consent in Tasmania will be amended to add mention of what is commonly termed "stealthing" - the removal of a condom without a person's agreement.

"That will help educate the public, discourage would-be offenders, and encourage complaints and prosecutions for sexual offences such as rape," Ms Archer said.

The ACT became the first jurisdiction in the country

Recent studies suggest it is a common practice. A surveyed 2,000 people and found one in three women - and almost one in five men who have sex with men - had experienced stealthing.
Tasmania's law change for non-fatal strangulation, choking and suffocation brings the island state into line with the rest of the country.

Previously, non-fatal strangulation was considered an element or aggravating factor in sentencing when people are charged with other crimes.

"(It) is a significant form of violence, which can be a precursor for escalation in the severity of family violence," Ms Archer said.

A 2019 coroner's investigation into the 2014 murder of a young mother recommended the state government consider making choking, suffocation or non-fatal strangulation a specific offence.

With AAP

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

The Men’s Referral Service provides advice for men on domestic violence and can be contacted on 1300 766 491.

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3 min read
Published 26 May 2022 2:23pm
Updated 26 May 2022 2:26pm
Source: SBS News


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