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Could affirmative consent laws redeem the West?

Western Plains App

Laura Williams

29 May 2022, 4:10 AM

Could affirmative consent laws redeem the West?The campaign features videos demonstrating mutual consent in a relationship. (NSW Government)

This week saw the NSW Government launch their brand new consent education campaign launched in the lead up to new consent laws coming into effect next month. 


The new laws enforce ‘affirmative consent’, meaning that one can’t engage any sexual activity without specific consent which has been communicated by words or actions. 


While it’s well documented that sexual assault isn’t uncommon for any woman of any age to experience, LGAs within the Western Plains have become notorious for their high rates of sexual offences, far exceeding the state’s average. 



In the year to December 2021, Walgett saw sky high rates of almost three times the national average, while Coonamble trailed closely behind. 


Bourke, Gilgandra, Narromine and the Lachlan are all recorded to have far exceeded the state average in the same time period. 


While it’s been alleged that the higher rates in the region are due to a higher number of people reporting incidents, crime rates exorbitantly higher than the rest of the state are consistent with statistics from other crimes in Western NSW, including domestic violence. 


The reformed consent laws were designed to hold perpetrators to account and change social behaviour, responding to outrageous counts of sexual assault across the state. 


Minister for Women’s Safety and the Prevention of Domestic and Sexual Violence Natalie Ward said the harmful attitudes towards consent are concentrated among young people aged 16 to 24. 


“No law can ever erase the trauma of sexual assault, but we have listend to calls for change and consulted victim-survivors and legal experts to improve our response to sexual violence, including the need for community education about consent,” Ms Ward said. 


President of the Law Society of NSW Joanne van der Plaat said that while the new laws are a promising step towards supporting victims, there could be flaws. 


“There’s no doubt Parliament’s intent in enacting these reforms is worthwhile, but the Law Society remains concerned that the new ‘affirmative consent’ model may result in lengthier trials, more potential for appeals and retrials, or increased focus on the conduct of complainants during sexual assault trials,” Ms van der Plaat said. 



Other actions towards improving social attitudes is starting from scratch in schools, scrapping a superseded formula around sex education that was found to be unsuccessful in teaching respect and preventing incidents of sexual offences. 


The new consent-focused curriculum will be released in schools next year.

“The Law Society has consistently supported better age-appropriate education about consent and sexual relationships in schools, universities, sports clubs and the wider community,” Ms van der Plaat said.


“The Government’s education campaign about consent…will help change societal attitudes, the culture about consent and dispel rape myths.” 


The affirmative consent law comes into effect from June 1. 


If this article has raised issues for you, call 1800 Respect or 1800 424 017 for the NSW Sexual Violence Helpline.