The council appeared at the senate inquiry into existing and proposed legislation
The Law Council of Australia, including President Luke Murphy, has appeared before the Senate Legal and Constitutional Affairs References Committee's inquiry into existing and proposed sexual consent laws in the country.
The Law Council has welcomed the committee's careful consideration of how efforts to harmonise, clarify and educate concepts of consent can be improved. While there is a growing consensus among jurisdictions that sexual consent requires ongoing and mutual communication, Murphy acknowledged that there may be varying opinions on how legislative approaches across different regions accommodate this model and the degree of change needed to promote consistency.
Murphy highlighted that the legal profession, like the wider community, holds diverse opinions on the most appropriate legislative approach to defining sexual consent. Murphy noted that this issue had been extensively considered in detail by several jurisdictions in recent years, resulting in significant state and territory-based law reform processes and changes to the law.
"It is a problem that sexual offences are under-reported and that such matters experience a high degree of attrition within the criminal justice system," Murphy commented. "It is critically important to understand better and address these issues."
The Law Council continues to call for a comprehensive range of measures to be considered in addition to consideration of any legislative reform by the committee. These measures include significant investment in the justice system, support for complainants in sexual assault trials, restorative justice options, and investment in specialist legal assistance services for women, children, young people, and individuals with disabilities.
Murphy emphasises the need for substantial investment in education tailored to different groups' diverse needs and experiences. "This is an important, and in many senses overdue, national conversation," Murphy said.
Murphy further said that beyond the current committee inquiry, the Law Council looks forward to continuing to engage in the national dialogue. The Law Council commits to participating in the upcoming Ministerial roundtable on addressing sexual violence and responding to the Australian Law Reform Commission's inquiry into justice responses to sexual violence.
