Crimes (Consent) Amendment Act 2022 (ACT)

Crimes (Consent) Amendment Act 2022

A2022-7

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Crimes (Consent) Amendment Act 2022.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Crimes Act 1900.

4. New sections 50A to 50C

   in part 3, before section 50, insert

50AObjects—pt 3

An object of this part is to recognise the following in relation to a sexual act:

(a)consent to participate in a sexual act is not to be presumed;

(b)every person has a right to choose not to participate in a sexual act;

(c)a consensual sexual act involves ongoing and mutual communication and decision-making by the people participating in the sexual act.

50BMeaning of consent—pt 3

In this part:

consent, to a sexual act, means informed agreement to the sexual act that is—

(a)freely and voluntarily given; and

(b)communicated by saying or doing something.

NoteSee s 67 for when a person does not consent to an act.

50CMeaning of sexual act—pt 3

(1)In this part:

sexual act—

(a)means—

(i)sexual intercourse; and

(ii)sexual touching; and

(iii)any other act in circumstances where a reasonable person would consider the act to be sexual; but

(b)does not include an act carried out for a proper medical purpose or otherwise authorised by law.

(2)The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include the following:

(a)whether the area of the body involved in the act is a person’s breasts, genital area or anal area;

(b)whether the person carrying out the act does so for the purpose of sexual arousal or sexual gratification;

(c)whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

(3)In this section:

object—see section 50 (2).

sexual touching, by a person (the first person) means—

(a)touching another person, including through something, with any part of the first person’s body or with an object in circumstances where a reasonable person would consider the touching to be sexual; and

(b)the continuation of sexual touching as defined in paragraph (a).

1. Section 67

   substitute

2. When a person does not consent to an act

   (1)For a sexual offence consent provision, and without limiting the grounds on which it may be established that a person does not consent to an act mentioned in the provision, a person does not consent to an act mentioned in the provision if the person—

   (a)says or does something to communicate withdrawing agreement to the act either before or during the act; or

   (b)participates in the act because of the infliction of violence or force on the person, or another person, an animal or property; or

   (c)participates in the act because of…