Australians may have to give verbal consent ahead of sex under new law

‘It is a responsibility, both in the ask and in the reply’

Minister Pru Goward is pushing for vocal consent to be enshrined in law (Getty)

People in Australia who want to have sex may need to receive a vocal ”yes” from their sexual partner to establish consent, or the act could be deemed rape, a government minister in New South Wales has proposed.

It could be part of major reforms which would make vocal sexual consent a requirement in law.

Pru Goward, minister for prevention of domestic violence and sexual assault for New South Wales, said: “If you want sex you have to ask for it, and if you want that sex, you have to say yes.

“It is a responsibility, both in the ask and in the reply.”

She added that a verbal “yes” was important as often those who did not actually consent may not say “no”, but just stay silent or freeze.

She said effects of rape were often “long-lasting” and that the issue of consent was at the centre of it all, whether this was not seeking consent in the first place or ignoring a refusal.

The government already approved an AUD$1m (£559,000) advertising campaign targeting young adults, which emphasises the need for a clear “yes”.

Campaign materials are set to appear in places such as bars, clubs, pubs and universities, which will aim to get the point across that silence is not the same as a “yes”.

Consent laws are currently being looked at by the Law Reform Commission after a referral by the New South Wales government.

The move comes following the case of Luke Lazarus, who was cleared of rape charges on appeal.

Saxon Mullins, who accused him of the assault, waived her right to anonymity to tell her story on Four Corners on ABC TV this year.

She said she had not verbally consented to sex with Mr Lazarus, which took place outside a night club in Sydney in 2013, when she was 18.

But although Mr Lazarus was initially found guilty, the conviction was overturned on appeal as the judge ruled that there were ”no reasonable grounds for believing the complainant was not consenting”.

Reports of sexual assault have increased in Australia over the past year, with around 25,000 reports of sexual assault recorded by police in 2017 according to figures released by the Australian Bureau of Statistics.