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New South Wales and Victoria are set to introduce a suite of reforms to sexual offences legislation which set a new standard for sexual consent. Both states will implement an affirmative model of consent.
Affirmative consent is based on the idea that someone who is consenting to sex will actively express this through their words and actions Jaipur Escort Service – it’s the presence of an “enthusiastic yes”, rather than the absence of a “no”.
So what’s changing, and what does that mean for how we negotiate sex?
By law, you will need to actively seek consent
The Victorian and NSW reforms place a higher onus on the accused.
Current legislation stipulates that while any steps taken by the accused to ascertain consent should be taken into account in determining whether their belief in consent was “reasonable”, they are not required to have actively sought consent. This means an accused person could argue they had “belief” in consent, without actually taking any action to confirm this belief.
Under the new model, if an accused did not take steps to ascertain consent, their belief in consent is considered to be unreasonable. Silence or a lack of resistance cannot indicate consent.
If an accused wanted to mount a defence that they held a “reasonable belief” in the other person’s consent, they would have to demonstrate what steps or actions they took to make sure the other person was consenting.
It is hoped this will lead to an emphasis on the actions of the accused, rather than scrutinising the complainant’s behaviour. These are important improvements in the way the legal system responds to sexual assault.
No, it doesn’t mean signing a consent form
Affirmative consent means all partners should consciously and voluntarily agree to participate in sexual activity.
Responsibility for consent should be mutual, meaning all parties involved need to ensure they have obtained consent.
Affirmative consent can also be withdrawn at any time – it’s an ongoing process, not a one-off “yes” at the start of an encounter.
Some people suggest affirmative consent makes sex “awkward” or “formulaic”. We’re often asked if this means we need to have our partners sign a consent form at the beginning of an encounter.
Others say having to constantly “check-in” with a partner can spoil the mood or remove the spontaneity of sex.
Not only does an affirmative model help to ensure your partner is actively consenting to sex with Escorts Service Jaipur, but it can also help enhance pleasure and fun.
So how do you get consent?
Here are some ways you might approach consent under an affirmative model:
Ask your partner how they like to be touched, or what they would like to do. Questions like “how does that feel” or “would you like it if I did XXX” can help ascertain consent but also ensure sex is pleasurable!
Some companies have produced cards to help facilitate this conversation with a partner. Kink communities, such as BDSM groups, often have well-established protocols for talking about consent, and there’s arguably much we could learn from them.
Pay attention to all of the cues and forms of communication a partner is using. This includes what they say, but also their body language, gestures, noises, and emotional expression.