THE Legislative Assembly of the NSW Parliament has taken a significant step in passing a Bill which requires consent to be actively sought and obtained before engaging in any sexual activity.

Member for Port Stephens Kate Washington addressed the Assembly, speaking of its necessity and importance.

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“It’s a bill that picks up the fundamental principles set out by the New South Wales Law Reform Commission, whereby every person has the right to choose whether or not to participate in sexual activity; consent should never be presumed.

“Consensual sexual activity involves ongoing and mutual communication, decision making, and agreement between the participants,” Ms Washington said.

For many years, laws surrounding sexual assault and rape have failed victim survivors and this Bill is a large step towards justice for these members of society.

“We’ve had a justice system stacked against women who’ve suffered sexual assault.

“Many people have known this for a long time and have been pushing for change for years because for too long, women have been let down by the law,” Ms Washington said.

Right now only a small number of sexual assault cases even reach those courtrooms in the criminal justice system and of those cases that even make it to that point where charges are laid and aggresses are held to account, only 1.5% of sexual assaults result in a conviction.

“Survivors of sexual assault, be they women, men, or transgender people need to be able to find justice in the system.

“The bill before us today is a step towards much needed welcome change,” Ms Washington said.

Changes include a positive obligation to ascertain consent prior to a sexual activity and revoking of consent and the point that consent is not everlasting.

“Under these changes, there is no consent if the person does not, within a reasonable time before or during the time of the sexual activity, say or do anything to find out whether the other person consents to the sexual activity, the concept of consent is expanded in both a positive and negative sense.

“Under this bill, consent is when someone freely and voluntarily agrees to this sexual activity, it can be withdrawn at any time and if sexual activity continues after consent being withdrawn, it is not consent.

“If consent is given in regards to a particular sexual activity, it’s not necessarily consent to another sexual activity.

“Consent given to a person on one occasion is not to be taken as consent with that person on another occasion,” Ms Washington said.

The Bill aims to recognise that there is no consent if a person does not say or do something to communicate consent, and that there is no consent if someone does not have the capacity to consent.

The Bill also proposes changes to the Criminal Procedure Act 1986 to introduce five new directions about consent for judges to give juries at a trial.

“These changes are designed to try to overcome the bias against victims and survivors, as identified by the New South Wales Law Reform Commission.

“Essentially what we’re doing here today is trying to legislate respect,” Ms Washington said.

It is now up to the Legislative Council to pass the Bill for ‘Affirmative Consent’ to become the law in NSW.

By Tara CAMPBELL