I believe, through my research, that the meaning of consent is a diverse, complex term; yet quite easy to decipher. It essentially refers to when someone voluntarily and freely agrees to a sexual act. Within this, it is apparent that consent is negated if the person is unconscious, asleep, intoxicated or threatened by force, etc.
It is through my understanding that in all sexual assault cases, the prosecution must prove that the complainant did not consent to the sexual act. Thus, revealing the seriousness and extent the role of consent plays in all sexual assault cases, such that there is a specific section under statute law, directly relating to consent in sexual assault cases, in the Crimes Act under section 61HA.
It is through my understanding that in all sexual assault cases, the prosecution must prove that the complainant did not consent to the sexual act. Thus, revealing the seriousness and extent the role of consent plays in all sexual assault cases, such that there is a specific section under statute law, directly relating to consent in sexual assault cases, in the Crimes Act under section 61HA.
A clear example of this in practice involves Billy Tamawiwy (pictured on the right), a university student in ACT. It is believed that he set up a fake Facebook account pretending to be a women, to lure men for sex as an act of revenge. It is alleged he targeted and deceived up to 7 men with the fake account. The most serious charge involves luring a man to have sexual intercourse with him, through the fake account, under the expectation, that the man thought that it would lead to the promise of sex with the “fake” woman.
Do you think this constitutes consent? My understanding is that the man did agree voluntarily to have sexual intercourse with Tamawiwy (only under the expectation that he would be given the woman of the “fake” profile). However, the key element of this case is that the man was deceived by Tamawiwy. Therefore, I think that because of this deception; it is clear that this now negates consent, and thus, constitutes sexual assault (“rape”), as this is a clear abuse of trust and authority, clearly defined under section 61HA of the Crimes Act of NSW.
I believe that mandatory sentencing should be introduced for crimes that involve sexual assault without consent, as this is a very important issue. This is because the victims of the situation are scarred for life. There is no forgetting these horrible acts, and heavy deterrence within the law is needed to fully eradicate and remove this behaviour from society.
I believe that mandatory sentencing should be introduced for crimes that involve sexual assault without consent, as this is a very important issue. This is because the victims of the situation are scarred for life. There is no forgetting these horrible acts, and heavy deterrence within the law is needed to fully eradicate and remove this behaviour from society.
Consent is a very very important concept that needs to be respected and followed. Above is a very important video that explains the notion and relationship between consent and sexual assault very well.
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