Victoria Bans Stealthing, Deepfake Porn And Sex Without Affirmative Consent

The Daniel Andrews-led Labor government in Victoria is promising its new law reforms will “change the way sexual violence is dealt with” in the state with no room for “inexcusable behaviour”.

Victoria has passed the Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022, that includes an affirmative consent model and bans “stealthing”.

Stealthing is the act of not using, removing or tampering of a condom, without the other person’s consent. The new law comes into effect making stealthing a crime now in Victoria. The affirmative consent provisions will come into effect in July 2023.

“By making it crystal clear that stealthing is a crime, we’re not only condemning it but making it easier for victims to realise what’s happened to them – and that it isn’t something to be ashamed of,” Victoria’s Attorney-General Jaclyn Symes said in a statement. 

“Victorians have made it clear there’s no room for victim-blaming and outdated attitudes around sexual violence – these new affirmative consent laws will ensure our justice system keeps up with those expectations,” said Symes.

What Does Affirmative Consent Mean Under The New Law?

Under the affirmative consent model, every person “has a responsibility to get consent before engaging in sexual activity”.

Affirmative consent means the other person has given a “clear and enthusiatic go ahead” for the sex act. This can include, asking and getting a “yes” for the sex act, a physical gesture like a nod or “reciprocating a move such as removing clothes”. 

“Even if a person meets this minimum requirement to take steps, their belief in consent must still be reasonable in all the circumstances – for example taking into consideration if the steps went far enough, or if there were cues such as pushing away the accused’s hand or facial reactions,” the government’s press note said. 

The Bill includes stricter provisions against image-based sexual abuse, including taking intimate photos of a person without their consent, and distributing or threatening to distribute intimate images or deepfake porn. 

Deepfake pornography is an act of creating a porn image or a video, using already existing pornographic material, but altering the faces of the actors by using deepfake technology. 

Victoria’s Law Informed By Survivors

The Government said that it had consulted with victim-survivors to ensure that lived experience is at the centre of the law reforms. 

The new law includes jury directions to”address misconceptions in sexual offence trials” and provisions to protect the confidential health information of complainants. 

“This is a crucial step in stopping all forms of violence against women. Every Victorian has a responsibility to challenge the harmful behaviours, attitudes and assumptions that lead to sexual violence,” said Minister for the Prevention of Family Violence Ros Spence. 

“This new standard of consent in Victoria shifts the focus away from the victim and towards the accused and what actions they took to confirm consent.”