Victoria Bans Stealthing, Deepfake Porn And Sex Without Affirmative Consent

starobserver.com.au:

The Daniel Andrews-led Labor government in Victoria is promising its new law reforms will “change the way sexual violence is dealt with” in the state with no room for “inexcusable behaviour”.Victoria has passed the Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022, that includes an affirmative consent model and bans “stealthing”.Stealthing is the act of not using, removing or tampering of a condom, without the other person’s consent.

The new law comes into effect making stealthing a crime now in Victoria. The affirmative consent provisions will come into effect in July 2023.“By making it crystal clear that stealthing is a crime, we’re not only condemning it but making it easier for victims to realise what’s happened to them – and that it isn’t something to be ashamed of,” Victoria’s Attorney-General Jaclyn Symes said in a statement.

Under the affirmative consent model, every person “has a responsibility to get consent before engaging in sexual activity”.Affirmative consent means the other person has given a “clear and enthusiatic go ahead” for the sex act.

This can include, asking and getting a “yes” for the sex act, a physical gesture like a nod or “reciprocating a move such as removing clothes”. “Even if a person meets this minimum requirement to take steps, their belief in consent must still be reasonable in all the circumstances – for example taking into consideration if the steps went far enough, or if there were cues such as pushing away the accused’s hand or facial reactions,” the government’s press note said.