Harmonising Sexual Consent Law in Australia: Goals, Risks and Challenges
Article
Article Title | Harmonising Sexual Consent Law in Australia: Goals, Risks and Challenges |
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ERA Journal ID | 33636 |
Article Category | Article |
Authors | Hill, Guzyal and Crowe, Jonathan |
Journal Title | Monash University Law Review |
Journal Citation | 49 (3) |
Number of Pages | 30 |
Year | 2024 |
Publisher | Monash University Publishing |
Place of Publication | Australia |
ISSN | 0311-3140 |
1839-3837 | |
Digital Object Identifier (DOI) | https://doi.org/10.26180/25650255 |
Web Address (URL) | https://bridges.monash.edu/articles/journal_contribution/Harmonising_Sexual_Consent_Law_in_Australia_Goals_Risks_and_Challenges/25650255 |
Abstract | The 2021 Australian of the Year, Grace Tame, sought to persuade ‘all governments across Australia to adopt the same definitions of consent, grooming, the age of a child, and sexual intercourse’. However, sexual consent law harmonisation in Australia faces formidable obstacles. We argue that an affirmative consent standard represents the appropriate goal of harmonisation, while potential risks include levelling-down reforms and undermining the role of competitive federalism. We identify four main obstacles to legal harmonisation, including strong advocacy coalitions, jurisdictional differences, historical failures and political disincentives. We conclude these obstacles do not mean harmonisation is undesirable or impossible, but it would require prolonged attention, resources and political will, as well as a nuanced understanding of the difficulties involved. |
Keywords | sexual consent law; Australia ; harmonisation |
ANZSRC Field of Research 2020 | 480401. Criminal law |
Byline Affiliations | School of Law and Justice |
Charles Darwin University |
https://research.usq.edu.au/item/z638q/harmonising-sexual-consent-law-in-australia-goals-risks-and-challenges
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