The Australian Institute of Criminology has released new research that reviews statutory offences for sexual violence and abuse in Australia. The comprehensive review shows:
- Consent provisions across all Australian jurisdictions incorporate a communicative model of consent, although there is greater variation in how and to what extent consent provisions incorporate an affirmative model of consent.
- There is significant overall consistency across Australian jurisdictions in provisions for contact sexual offences, image-based sexual offences and child sexual abuse material offences, but less consistency in provisions criminalising conduct to enable unlawful sexual conduct, unlawful sexual conduct against specific groups, and unlawful sexual conduct under particular circumstances.
- Consultations with stakeholders and victims and survivors suggest ongoing gaps and inconsistencies in legislation regarding offences for persistent sexual abuse of a child, failing to report and protect children from sexual abuse, and non-consensual tampering with or removal of contraception, or ‘stealthing’.
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