New Tas Bill Proposes Amendments to the Definition of Consent
Thursday 17 March 2022 @ 11.21 a.m. | Crime | Legal Research
The Criminal Code Amendment Bill 2022 (Tas) (the “Bill”), was introduced to Tasmania’s House of Assembly by the Minister for Justice Elise Archer (the "Minister") on 8 March 2022. The Bill proposes a number of amendments to the Criminal Code Act 1924 (Tas) (the “Act”).
Background
The Bill’s Explanatory Memorandum explains that:
"[the Bill seeks to amend] the definition of consent in section 2A the Criminal Code 1924 to make it plain that there is no free agreement to sexual intercourse in the event of certain conduct regarding condoms (colloquially known as ‘stealthing’) and creates a new offence of ‘Strangulation, &c.’ as well as related provisions regarding alternative convictions and arrest power for this new offence."
The Bill proposes amendments to the definition of consent in section 2A. The Explanatory Memorandum explains that the amendments clarify that:
"a person does not freely agree to an act of sexual intercourse with another person if:
- the person says or does anything to communicate to the other person that a condom must be used for that sexual intercourse; and
- the other person, intentionally, before or during the sexual intercourse, does not use a condom or tampers with or removes the condom."
The Bill also seeks to establish a new offence of "Strangulation, &c.", which would provide that intentionally and unlawfully choking, suffocating or strangling another person an offence. If passed, this offence would require the prosecution to prove intent and would carry a maximum penalty of 21 years imprisonment.
Comment on the Bill
The Minister commented in her speech:
In commenting on the Bill's exposure draft, the Women’s Health Tasmania noted that they:
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Sources:
Criminal Code Amendment Bill 2022 (Tas) and supporting materials available from TimeBase's LawOne Service
Submission on Criminal Code Amendment Bill 2022 (18 February 2022, Women's Health Tasmania)