Paul Goldsmith: National Justice Spokesperson calls for adjustments to consenting laws

National's justice spokesperson says new consent laws in other jurisdictions haven't materially changed conviction rates. 

The party's announced if re-elected, it'll ensure consent has to be actively given, meaning there must be a "yes" rather than the absence of a "no".

It says it brings us in line with jurisdictions like the UK and parts of Australia. 

National's Justice Spokesperson Paul Goldsmith told Mike Hosking that it won't fundamentally change the high test for a conviction. 

He says it sends a clear signal, society wants people to be very clear about consent. 

LISTEN ABOVE

See omnystudio.com/listener for privacy information.

Episode Transcript

Speaker 1 (00:00):
And that's got some good Quiet Sunday coverage for their
consent policy. In a nutshell, there must be an active yes,
not the absence of a no. This would bring us
in line apparently with the UK and parts of Australia
where the law defines what consent is anyone in chargeable
with us as the national parties, just as spokesperson Paul Goldsmith,
who's with us.

Speaker 2 (00:17):
Good morning, good morning.

Speaker 1 (00:19):
So the consent and the explanation of where does this
sit on the totem pole of stuff that needs urgent
legislative attention in your mind.

Speaker 2 (00:28):
Look at something that we need to do. But we're
signaling that if we're re elected as a national government,
this will be one of our priorities for the next term.
And we've been working away. We've got a massive issue
of sexual violence in this country and so we've been
working through to restore real consequences. That's the first thing,
because you know, if you go through the whole procedure

(00:48):
and the outcome is a bit of home detention, then
that doesn't denounce the Act. So that was number one.
Then we sort of worked on the culture of excuses
that we'd inherited. You know that you know, if you
do do a crime, it's not really your fault, it's
society's fault. So we stopped funding all those cottage reports
and then were working our way through all this legislation,
and we're signaling that this comes next if we get back.

Speaker 1 (01:09):
What are the practical outworkings in a court case of yes, no,
he said, she said, which is where I assume most
of that stuff ends up.

Speaker 2 (01:18):
Yes. And we're not changing that fundamental burden of proof
that's required. And you know these are difficult cases, but
you know, a conviction for rape is a maximum sentence
of twenty years, so of course there needs to be
beyond reasonable doubt, and they need to prove that consent
wasn't given or that the defendant didn't believe on reasonable

(01:40):
grounds that it was. So we're not changing any of
those basics. What we are changing is updating the explanation
for consent, which is out of touch with what we've
been teaching our kids for a long time now, which is,
you know, it's not There needs to be an affirmative
yes before you start your activity, not just the absence

(02:00):
of a no.

Speaker 1 (02:00):
Yeah. I don't think anyone disagrees with the gist of it.
But you know, if you look at the UK and
parts of Australia, has it materially changed literally anything at all.

Speaker 2 (02:10):
Well, it hasn't had a big impact on conviction rates
because we're not changing that fundamental high test, but it
is part of sending a clear signal that society wants
people to be very clear about consent and it updates
what we're teaching with the law and so, you know,
I think it's an important thing to do. It's something

(02:31):
that campaigners have been calling for for quite some time.
But you're right, it's not going to change the world overnight,
but it's all part of a change in a society's attitude,
you know. I mean fifty years ago, you know that
there was a widespread view that you only had to
give consent once at your marriage vow and that was it.
And so things have changed quite dramatically over time and

(02:52):
I think for the better.

Speaker 1 (02:53):
All right, appreciate your time. Justice spokesperson with the National Party,
Paul Goldsmith.

Speaker 2 (02:57):
For more from the Mic Asking Breakfast, listen Live News
Talk Set B from six am weekdays, or follow the
podcast on iHeartRadio.