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Comparing The Criminal Law And Other Legislation Amendment Bill 2023

1273 Words6 Pages

The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023: A Landmark Step in Combating Domestic Violence in Queensland. On March 6, 2024, the Queensland Parliament passed the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023. This marks a significant milestone in the state's efforts to address the growing issue of domestic violence. This groundbreaking legislation, also known as "Hannah's Law," aims to tackle the serious and ongoing rise of domestic violence offences, with a particular focus on the insidious nature of coercive control. The Bill was introduced into Parliament on October 11, 2023, by the Honourable Shannon Fentiman, Minister for Health, …show more content…

Queensland is only the second state in Australia to legislate this offence, following New South Wales. Section 334A of the Criminal Code defines this behaviour broadly, and the legislative definition is prescribed in the offence under Section 334C. It is relevant to note that the new amendments cross-reference the definitions of domestic violence from the Domestic and Family Violence Protection Act, under Section 334B of the Criminal Code. Affirmative Consent Another key aspect of the Bill is its focus on affirmative consent. The legislation aims to clarify the meaning of consent in sexual assault cases, emphasizing the importance of active, ongoing, and freely given consent. The Bill introduces provisions that require the prosecution to prove that the complainant did not consent to the sexual activity and that the accused person did not reasonably believe the complainant was consenting. This shift in the burden of proof places greater responsibility on the accused to ensure that consent is obtained and maintained throughout the sexual encounter. Specifically, the new laws define consent as a "free and voluntary agreement". They clarify that a person does not consent where they do not "say or do anything to communicate consent". This affirmative consent model means that agreement to each sexual act must be …show more content…

It represents a significant step forward in recognizing the complex and often subtle nature of domestic violence, particularly in cases of coercive control. However, the implementation of these new laws is not without its challenges. One of the primary concerns is the potential difficulty in proving coercive control in court, as it often involves a pattern of behaviour that may not be easily documented or witnessed by third parties. Additionally, there are concerns about the potential for misuse or overuse of the new coercive control offence, particularly in cases where the behaviour may not rise to the level of criminal conduct. It will be crucial for law enforcement and the judiciary to receive comprehensive training on recognizing and responding to coercive control in order to ensure that the new laws are applied fairly and

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