Affirmative Consent - what is it, and why it’s so important

What is affirmative consent, and why is it essential?

Affirmative consent is more than just a concept; it's a shift in how we approach intimate relationships. It prioritises clear communication, mutual respect, and the rights of every individual to control their bodies and boundaries. By embracing affirmative consent, we can foster healthier, more respectful connections and contribute to a culture where consent is not just an expectation but a fundamental cornerstone of all our relationships. Understanding and practising consent is essential to challenging harmful narratives and attitudes about sexual violence and addressing global rape culture.

While consent has always meant free agreement, it has often been understood as requiring someone to say ‘no’ or visibly disagree to the act. Affirmative consent recognises that consent is active and must be sought and maintained. It moves the emphasis from the victim-survivor or target to all parties – shifting the narrative from focusing on victim-survivors (and often blaming them) to focusing on alleged perpetrator behaviour. Socially, it challenges the notion that sex is an entitlement, whether in a dating situation or a long-term relationship, including marriage.

Image Derived from https://uwosh.edu/wellness/prevention/consent/

So, why is this information relevant now?

As of 30 July 2023, Victoria introduced new affirmative consent laws, the latest in a string of amendments nationwide to bring sex offence legislation in line with contemporary community expectations.

Prior to these new consent laws, most states and territories defined sexual assault by reference to the perpetrator’s knowledge alone. They were only guilty if they knew the victim didn’t consent, were reckless about whether or not they consented, or if there was no reasonable basis to believe they consented.

Nowadays, the onus is shifted from the victim and what they did to say “no” and onto the accused and what they did to obtain consent. This means just because a person didn’t say “no” or “stop” does NOT mean they consent to the act.

Prior to 2023, New South Wales, the Australian Capital Territory, and Queensland had all passed laws enacting the affirmative consent model. Tasmanian laws were considered the most progressive as they require the perpetrator to show that the victim gave a “positive indication” of consent Western Australia has announced its intention to reform its consent laws, but South Australia is yet to announce any intention to reform its laws. Whilst this all looks like a step in the right direction for our Australian states and territories, I encourage you to research your relevant state and/or territory to become familiar with relevant consent laws for your area.

If you’re interesting in more details on this, a handy resource is the following blog, written by LBDO.

Australia's affirmative consent laws: what you need to know 

What does this mean for you?

To put it simply, affirmative consent means that;

• You have to say or do something to seek and obtain consent.

• You cannot assume that someone who is not protesting or not saying no is consenting.

• Consent cannot be assumed just because you are in a relationship.

To ensure you are compliant with affirmative consent laws, you MUST be following the below practices every time you participate in an intimate relationship.

• Ask for Consent: Don't assume your partner's desires. Ask for their consent before initiating any sexual activity, and respect their answer.

•  Communicate: Keep the lines of communication open throughout the encounter. Check-in with your partner, ask if they are comfortable, and be responsive to any cues or feedback they provide.

•  Recognise Non-Verbal Cues: Consent isn't limited to verbal communication. Pay attention to your partner's body language and facial expressions. If they seem uncomfortable or hesitant, stop and ask for clarification.

• Respect Boundaries: If your partner withdraws consent or expresses discomfort at any point, respect their wishes and stop the activity immediately.

Asking someone directly about what you want to do is the best way to ensure they feel safe, comfortable, and respected. For example:

"Can I kiss you?"

"Can I touch you?"

"Is it okay to keep going?"

"What do you want to do next?"

It's essential for everyone to stay informed about any changes to affirmative consent laws and to be aware of their rights and responsibilities regarding consent in intimate relationships. Affirmative consent is a step in the right direction to improve the experiences of victim-survivors of sexual violence in Australia. We certainly have significant work to address and prevent sexual violence, but having a legal framework that enshrines affirmative consent is undoubtedly the start of critical change.