The Times Australia
The Times World News

.

Most states now have affirmative sexual consent laws, but not enough people know what they mean

  • Written by Jonathan Crowe, Head of School and Dean, School of Law and Justice, University of Southern Queensland
Most states now have affirmative sexual consent laws, but not enough people know what they mean

Earlier this month, Queensland became the latest state to pass affirmative consent laws. This means consent is understood as ongoing communication for the purposes of rape and sexual assault offences.

Under affirmative consent[1], agreement to each sexual act must be actively communicated. That is, each person must say or do something to indicate consent and check the other is willing to proceed.

It’s common for victims of sexual assault to freeze[2] or try to avoid further injury, rather than fighting back. The new laws make it clear these reactions are not consent.

But it’s not just Queensland that has such laws. Where else are they in place, and how are they working in practice?

Read more: NSW adopts affirmative consent in sexual assault laws. What does this mean?[3]

What do Queensland’s laws do?

The new Queensland laws[4] define consent as “free and voluntary agreement”. They clarify that a person does not consent where they do not “say or do anything to communicate consent”.

The laws also limit the mistake of fact excuse[5] for rape and sexual assault. This excuse allows defendants to argue they honestly and reasonably — but mistakenly — believed the other person consented to sex.

A woman in a bright pink blazer speaks behind a lectern, in front of a crowd of people
Queensland Health Minister Shannon Fentiman announced the successful passage of affirmative consent laws through parliament. Jono Searle/AAP

The excuse has been heavily[6] criticised[7] for allowing defendants to rely on irrelevant factors, such as the other person’s clothing or failure to fight back, as the basis for alleged mistakes about consent.

However, the new laws say a belief in sexual consent is not reasonable unless the person took active steps to check their partner was consenting. This is consistent with[8] an affirmative consent model.

Where else has similar laws?

Four out of the six Australian states and one of the two territories have now enacted affirmative consent laws. Tasmania[9] was the first state to adopt an affirmative consent model in 2004.

The Queensland laws follow on the heels of recent legal changes in NSW, the ACT and Victoria. NSW and the ACT legislated affirmative consent in 2021, while Victoria did the same in 2022.

Western Australia[10] and South Australia[11], meanwhile, are currently reviewing sexual consent laws and may well follow suit.

Read more: It's time we aligned sexual consent laws across Australia – but this faces formidable challenges[12]

The national trend is clearly towards an affirmative consent standard. Some scholars have argued this could pave the way to aligning sexual consent laws across the nation[13] — although significant challenges remain.

Critics of affirmative consent laws have suggested they could criminalise “spontaneous marital sex[14]”. However, this ignores the social and legal context[15] within which the laws operate.

There is no evidence of the laws being applied in this way.

Vital for debunking rape myths

Affirmative consent laws can only be effective and fair if people understand what they mean in practice.

However, public attitudes are not always consistent with an affirmative consent model. A NSW government study[16] found 14% of young men “didn’t agree that you must seek consent every time you engage in sexual activity”.

Societal attitudes are clouded by persistent myths about consent[17] and sexual violence[18]. For example, people may think that someone who was drunk or did not fight back cannot be a victim of rape.

Read more: Not as simple as 'no means no': what young people need to know about consent[19]

Rape myths are not limited to the general public. They influence judges, lawyers, police and jurors as well. Recent research has found rape myths in supreme court judgments[20] and jurors’ perceptions of evidence[21] in rape trials.

It is easy to assume that once affirmative consent laws are passed, they will be fully effective in the courts. However, years after affirmative consent was adopted in Tasmania, courts were still applying outdated legal principles[22].

Raising public awareness

For affirmative consent laws to serve their purpose, everyone — including judges, lawyers, jurors, police and the public — needs a clear understanding of what affirmative consent means.

Public awareness campaigns can help to clarify that consent is an active, ongoing process that cannot be inferred from silence or lack of resistance.

NSW’s Make No Doubt[23] campaign was launched the week prior to its new consent laws taking effect, but a similar campaign has yet to be announced in Queensland.

The Queensland Women’s Safety and Justice Taskforce[24] heard from victim-survivors, support services, lawyers, police and the broader community about the need for improved public education on consent.

Understanding consent in isolation is not enough. Comprehensive education[25] on respectful relationships is vital to fostering a culture where affirmative consent becomes the norm.

The effectiveness of affirmative consent laws also depends on how they are applied by police, lawyers and judges. If police don’t give effect to the laws, then most sexual assaults will never reach prosecutors[26] — let alone the courtroom.

Comprehensive training[27] for these professionals is essential to ensure affirmative consent is implemented across the criminal justice system.

Since Australia’s affirmative consent laws are so new, there is limited evidence (beyond Tasmania) of exactly how they will work in practice. It will be important to build this evidence base to ensure the laws are functioning as intended.

Government action is essential

Online resources, such as Rape and Sexual Assault Research and Advocacy’s sexual consent toolkit[28], can help people learn about affirmative consent. However, these resources only reach a small part of the community.

To raise wider awareness of affirmative consent and to overcome persistent rape myths, large-scale efforts are needed.

Governments across Australia should invest in the success of affirmative consent laws through further public awareness campaigns, as well as training and education for criminal justice professionals and the public.

Otherwise, affirmative consent laws could turn out to be just words on paper.

References

  1. ^ affirmative consent (theconversation.com)
  2. ^ freeze (researchblog.duke.edu)
  3. ^ NSW adopts affirmative consent in sexual assault laws. What does this mean? (theconversation.com)
  4. ^ new Queensland laws (www.legislation.qld.gov.au)
  5. ^ mistake of fact excuse (theconversation.com)
  6. ^ heavily (journal.law.uq.edu.au)
  7. ^ criticised (www.able.uwa.edu.au)
  8. ^ consistent with (www.able.uwa.edu.au)
  9. ^ Tasmania (www.legislation.tas.gov.au)
  10. ^ Western Australia (www.wa.gov.au)
  11. ^ South Australia (www.agd.sa.gov.au)
  12. ^ It's time we aligned sexual consent laws across Australia – but this faces formidable challenges (theconversation.com)
  13. ^ aligning sexual consent laws across the nation (theconversation.com)
  14. ^ spontaneous marital sex (www.theaustralian.com.au)
  15. ^ social and legal context (www.theguardian.com)
  16. ^ NSW government study (lsj.com.au)
  17. ^ consent (www.theguardian.com)
  18. ^ sexual violence (www.aic.gov.au)
  19. ^ Not as simple as 'no means no': what young people need to know about consent (theconversation.com)
  20. ^ supreme court judgments (law.adelaide.edu.au)
  21. ^ jurors’ perceptions of evidence (espace.library.uq.edu.au)
  22. ^ applying outdated legal principles (figshare.utas.edu.au)
  23. ^ Make No Doubt (www.nsw.gov.au)
  24. ^ Women’s Safety and Justice Taskforce (www.womenstaskforce.qld.gov.au)
  25. ^ Comprehensive education (theconversation.com)
  26. ^ will never reach prosecutors (www.abc.net.au)
  27. ^ Comprehensive training (dcj.nsw.gov.au)
  28. ^ sexual consent toolkit (rasaraorganisation.squarespace.com)

Read more https://theconversation.com/most-states-now-have-affirmative-sexual-consent-laws-but-not-enough-people-know-what-they-mean-225655

Times Magazine

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

The Times Features

What Endo Took and What It Gave Me

From pain to purpose: how one woman turned endometriosis into a movement After years of misdiagnosis, hormone chaos, and major surgery, Jo Barry was done being dismissed. What beg...

Why Parents Must Break the Silence on Money and Start Teaching Financial Skills at Home

Australia’s financial literacy rates are in decline, and our kids are paying the price. Certified Money Coach and Financial Educator Sandra McGuire, who has over 20 years’ exp...

Australia’s Grill’d Transforms Operations with Qlik

Boosting Burgers and Business Clean, connected data powers real-time insights, smarter staffing, and standout customer experiences Sydney, Australia, 14 July 2025 – Qlik®, a g...

Tricia Paoluccio designer to the stars

The Case for Nuturing Creativity in the Classroom, and in our Lives I am an actress and an artist who has had the privilege of sharing my work across many countries, touring my ...

Duke of Dural to Get Rooftop Bar as New Owners Invest in Venue Upgrade

The Duke of Dural, in Sydney’s north-west, is set for a major uplift under new ownership, following its acquisition by hospitality group Good Beer Company this week. Led by resp...

Prefab’s Second Life: Why Australia’s Backyard Boom Needs a Circular Makeover

The humble granny flat is being reimagined not just as a fix for housing shortages, but as a cornerstone of circular, factory-built architecture. But are our systems ready to s...