Rape survivors say new sex consent laws are a 'slap in the face'

Press/Media: Expert Comment

Description

Bond University law professor Jonathon Crowe said the report "ignores or dismisses the most serious problems with the current law".

"The government claims that the report’s recommendations would strengthen the law on sexual consent, but this is inaccurate.

"The proposals do nothing to strengthen the law, nor do they address the main problems that prompted the review in the first place.

"The report leaves the law unchanged while giving the superficial appearance of progressive reform."

Professor Crowe said the report the proposed laws were based on dismissed the idea that jurors were influenced by rape myths, relying heavily on British research that has not yet been published or peer reviewed.

"The report completely ignores a significant body of peer-reviewed Australian research showing that rape myths continue to influence rape trials," he said.

"The reforms leave it open that mere passivity can still amount to consent in some circumstances. And they do nothing to prevent defendants saying that because the other person didn’t fight back or clearly say no, they mistakenly thought she was consenting.

 "I doubt the report will have any real impact on rape and sexual assault trials since it doesn’t change the substance of the law."
Period13 Aug 2020

Media contributions

4

Media contributions

  • TitleSydney Morning Herald (online)
    Degree of recognitionNational
    Media typeWeb
    CountryAustralia
    Date13/08/20
    PersonsJonathan Crowe
  • TitleBrisbane Times
    Degree of recognitionNational
    Media typeWeb
    CountryAustralia
    Date13/08/20
    PersonsJonathan Crowe
  • TitleThe Age
    Degree of recognitionNational
    Media typeWeb
    CountryAustralia
    Date13/08/20
    PersonsJonathan Crowe
  • TitleWA Today
    Degree of recognitionNational
    Media typeWeb
    CountryAustralia
    Date13/08/20
    PersonsJonathan Crowe