Review reveals consistency in provisions criminalising sexual conduct, inconsistency in other areas
The Australian Institute of Criminology (AIC) has released a national review of child sexual abuse and sexual assault legislation in Australia, informed by its consultation with victims, survivors, and stakeholders.
The review seeks to support nationwide efforts to strengthen the government’s criminal justice responses to sexual assault, according to a media release of Mark Dreyfus, Australia’s attorney-general.
In its review, the AIC found consistency across Australian jurisdictions in provisions criminalising sexual conduct, specifically contact sexual offences, image-based sexual offences, and child sexual abuse material offences.
On the other hand, the review revealed less consistency across jurisdictions in provisions criminalising conduct enabling unlawful sexual conduct, unlawful sexual conduct against specific groups, and unlawful sexual conduct under particular circumstances.
The AIC’s review also showed more variation across jurisdictions in the manner and extent that each jurisdiction’s consent provisions incorporate a communicative model of consent, which requires an active seeking of consent and an ongoing and mutual communication of consent through words or actions.
The review aimed to tackle gaps and inconsistencies in Australia’s legislative landscape, their implications for victims and survivors dealing with the criminal justice system, and the barriers and challenges to achieving more consistent legislation across jurisdictions.
The AIC’s work in this matter covered an analysis of Commonwealth, state, and territory legislation and a review of national and international research, reviews, and inquiries.
About the consultation
As a part of the review, the AIC conducted a consultation, which found gaps and inconsistencies in legislation across Australian jurisdictions for offences of persistent sexual abuse of a child, failure to report and protect children from sexual abuse, and “stealthing” or the non-consensual tampering with or removal of contraception, noted the attorney-general’s media release.
“The Australian Government is committed to taking action to address family, domestic and sexual violence in Australia,” said the media release.
In 2022, Australia’s government commissioned the AIC review to support the implementation of the Standing Council of Attorneys‑General’s 2022–27 Work Plan to Strengthen Criminal Justice Responses to Sexual Assault.
Last January, the government announced that it would begin undertaking an Australian Law Reform Commission inquiry into justice responses to sexual violence so that it could the improve the experience of victims and survivors in the justice system. Those in charge of this inquiry are expected to share the report next January.
Anyone interested in learning more about the AIC’s recent review can access its report in full. The AIC, Australia’s national research and knowledge centre on crime and justice, aims to promote justice, to reduce crime, and to inform the relevant policies and practices by conducting and communicating evidence-based research.
