The affirmative consent law in Victoria was recently passed to allow the focus of sexual assault matters to shift to trying to get the perpetrators to prove that they gained consent from the victim rather then trying to get the victim to prove they did not provide consent. This reform outlines that the person must have a clear and enthusiastic ‘yes’ which is easily recognisable for the consent to be justified. The ‘yes’ can be anything such as a physical gesture, a verbal yes, or reciprocating a move that makes it obvious the answer is yes. It states that a person’s belief in consent must be reasonable which will include the steps they took to find out whether their sexual partner consented. Under the reform, the perpetrator must include r demonstrate what steps they too in order to gain consent from the victim which will ensure the attention is focused on their actions to confirm consent rather the what the accuser did, or didn’t do, to deny consent
The new law will ensure that the victim-survivors receive better protection from sexual assault with also making stealthing illegal as well to hep with preventing unwanted pregnancy. Despite the purpose of law being used to help victims of domestic violence, many are saying that the new definition and requirements might make the definition of consent more confusing as the definition is currently open to interpretation as the laws did not say that consent be given continuously through a range of different communication methods of words and actions. It is recommended that the new bill includes some more framework to make it more understandable as well as effective education the allows more people to be aware of the laws and new definitions.
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