Sexual violence and abuse are pervasive in Australia. Governments across Australia have committed to working in coordinated and collaborative ways to address the unacceptable rates of sexual violence and improve responses to sexual assault. Reforms have also specifically focussed on the legal and justice responses by the criminal justice system.

This is a report of the statutory review of the operation of sections of the Crimes Act 1900 (the Crimes Act) in the Australian Capital Territory (ACT). The sections were inserted into the Crimes Act by the Crimes (Consent) Amendment Act 2022 (Amendment Act) and commenced on 12 May 2022. The review aimed to determine whether these sections of the Amendment Act are clear and effective. It also examined whether the Amendment Act had any unintended consequences. 

Early observations about the Amendment Act are generally positive. The review finds that overall, the relevant sections are clear, operating effectively and in line with policy goals. Further, the review finds that there is no available evidence to suggest that the Amendment Act is having unintended consequences.

The review concludes that at this stage, all existing provisions of the Amendment Act should continue to operate in their current form. The review also identifies some opportunities for further policy work and consultation to continue to improve the ACT’s affirmative consent framework into the future.