Queensland has implemented a new affirmative model of consent, effective this week, as part of amendments to its Criminal Code. This reform aligns Queensland with other Australian Jurisdictions and aims to strengthen protections for individuals in sexual activities.
According to a settlement by Attorney-General Yvette D’Ath and Minister for Health and Women Shannon Fentiman, the affirmative consent model mandates that all parties involved in sexual activity must mutually agree and communicate consent. The amendments also classify “stealthing”, the act of non-consensually removing a condom during sexual intercourse, as a form of rape, making it a prosecutable offence.
D’Ath noted that individuals engaging in stealthing will now face charges of rape, aligning legal definitions with a societal understanding of consent. The amendments also seek to reduce the influence of rape myths in jury deliberations, introducing new jury directions and prohibiting improper questioning during trials.
Additional changes expand provisions related to the ‘failure to report’ offence and enhance protections for victims of sexual violence. These reforms are part of the Criminal Law (Coercive Control and Affirmative Consent) and other Legislation Amendment Act 2024, passed earlier this year. Further reforms addressing coercive control and domestic violence offences are set to take effect in May. The government plans to implement community awareness campaigns and provide training for law enforcement and court personnel to facilitate these changes. Additionally, funding for sexual violence services has been increased by 20% to support these initiatives.