Crowe on ‘Harmonising Sexual Consent Law in Australia: Goals, Risks and Challenges'

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has co-written a new paper titled 'Harmonising Sexual Consent Law in Australia: Goals, Risks and Challenges'.  The paper has been published as an article in Volume 49 of the Monash University Law Review.  Here is the 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."