Constructing consent in the Australian Capital Territory

Abstract

This article considers the way in which consent has been constructed and evolved in the criminal law in the context of sexual assault. The article compares and contrasts the test for consent across the Australian jurisdictions, with particular interest on consent in the ACT –the only jurisdiction in Australia with a negative consent model. The article examines the intersection of common law and legislation in that jurisdiction, and considers how consent came to be framed this way in that jurisdiction. It suggests that the ACT will likely adopt a two-part reform based on the law of New South Wales.