Stealthing to be criminalised as rape and affirmative consent adopted in Queensland’s sexual violence law overhaul

By state political reporter Rachel Riga, Posted 23/11/2022

Queensland will adopt an affirmative consent model and criminalise “stealthing” as part of major changes to sexual violence laws.

The new consent model will see Queensland follow other states like New South Wales and Victoria, which have passed laws requiring a person participating in a sexual act to actively seek consent from the other person, and not assume it has been given.

Queensland laws currently define consent as “being freely and voluntarily given by a person with the cognitive capacity to give it”.

Attorney-General and Minister for the Prevention of Domestic and Family Violence Shannon Fentiman said the government will now move to change the definition to replace the word “given” with “agreed”.

“We will provide in the criminal code that consent must be freely and voluntarily agreed, rather than given,” she said.

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