Review of consent laws in South Australia

We want to hear your views on South Australia’s current sexual consent laws.

What's being decided?

We want to know whether there is scope for reforming the sexual consent laws in South Australia.

The Attorney-General’s Department undertook a review that looked into South Australia's current sexual consent laws as well as those across the country.

The resulting discussion paper summarises the current consent legislation and identifies several opportunities for reform, including:

• introducing an affirmative consent model
• updating the subject and timing of jury directions
• changing image-based sexual offence penalties
• expanding pre-trial hearings and the availability of ‘ground rules’ hearings
• amending requirements for evidence about prior sexual history.

We want to hear from the South Australian community, and particularly from sexual assault victim-survivors and their support networks.

Background

Sexual violence is an ongoing problem in Australia and there is evidence it is increasing.

The number of sexual assault victims recorded by police in South Australia has increased by 2%, from 1,783 in the previous year to 1,816 in 2022.

For victims of sexual assault, the number of female victims in South Australia (176 victims per 100,000 females) was more than 8 times higher than the number of male victims (21 victims per 100,000 males).

A significant number of sexual assaults never come to the attention of the criminal justice system. Of those offences that are reported, only a small proportion proceed to trial, with an even smaller percentage resulting in a successful conviction.

Reviewing and potentially changing our laws ensures they continue to be robust and in-line with the changing attitudes in society, as well as meeting the continual changes in technology.

If you have experienced sexual assault or domestic and family violence, there is support available.

Get involved

Find out more:

• read the discussion paper
• take a look at our FAQs

Have your say by:

• taking our survey
• emailing a submission to LLPSubmissions@sa.gov.au

What are the next steps?

Your feedback will help inform any potential changes to our consent laws in South Australia.

If amendments are likely to be made, we will consult further on specific legislation in due course.