Consent laws for legal change, community for behavioural change
Oct 2024
Written by Dan Howell
Harmful sexual behaviours displayed throughout childhood development is a serious and complex problem.
This issue has sustained increased attention from policymakers following the Royal Commission into Institutional Responses to Child Sexual Abuse. While much of the focus in recent years has (rightly) been on consent and legislative changes, these alone won’t solve the problem. We need to address the social and cultural factors that allow harmful sexual behaviour to occur.
This year, data from the Australian Childhood Maltreatment Study showed that while sexual abuse against young people perpetrated by adults is decreasing, peer sexual harassment between young people is increasing: 1 in 10 young people experience peer sexual harassment (Hunt et al., 2024).
Affirmative consent laws: a positive legal step
In response to growing concern, Queensland has become the latest government to adopt affirmative consent laws, joining Tasmania, Victoria, ACT and NSW. These laws shift the burden of responsibility away from potential victims, clearly stating that consent for sexual activity must be freely given, enthusiastic and mutual.
However, while these laws are necessary to establish legal responses to criminal actions, they are not a silver bullet to stop sexual abuse. As Hunt et al. (2024) summarised, “Adults in the community and in our institutions are key to the prevention of peer sexual harassment. Training, resources, and support are needed for adults on how to effectively respond to instances of peer sexual harassment.”
Education through community
This year, the Australian Government released the Consent Can’t Wait campaign to improve community understanding and provide consistent messages to young people about positive consent behaviours. This campaign is a welcome step forward, because it focuses on spreading messages about safe and respectful behaviour to young people through a collective community voice. In this way, it acknowledges that shifting social attitudes about consent requires re-educating the public.
Affirmative consent is not the only area that needs this focused attention. Other issues underlying sexual abuse also need to be addressed, including gender inequality, toxic masculinity, and cultural attitudes that normalise disrespect towards women and diverse genders.
The Australian Childhood Maltreatment study data found that peer sexual harassment disproportionately affects gender-diverse people (24%) and women (15.3%), compared to men (5%). This research concluded that long-term community-based advocacy programs and school-based interventions are needed to address sexual violence and cultural norms around gender in relationships.
A public health approach is needed to address homophobic attitudes and other discriminatory beliefs, sexism, sexualised gender stereotypes, and cultural support for gender-based violence.
More to do
Harmful sexual behaviour between young people is a complex issue that requires the support of the whole community to understand, prevent, and respond. The Australian Childhood Maltreatment Study shows the considerable work required to prevent childhood maltreatment, which will help reduce the prevalence of harmful sexual behaviour over time.
New affirmative consent laws and consent education are a promising step towards reducing harmful sexual behaviours between young people, but we still need to make an active group effort to share accountability for educating young people and positively influencing social attitudes at the roots of these behaviours.
Dan Howell is an accredited mental health social worker who has extensive experience working with children and young people who display harmful sexual behaviour. For training on understanding and supporting young people who exhibit harmful sexual behaviour, join us on November 12 for Dan’s online workshop The S-Word: Exploring sexual behaviour displayed by young people, what is normal, and what is harmful.
References
Hunt, G. R., Higgins, D. J., Willis, M. L., Mathews, B., Lawrence, D., Meinck, F., David, Pacella, R., Meinck, F., Thomas, H.J., Scott, J.G. & Haslam, D. M. (2024). The prevalence of peer sexual harassment during childhood in Australia. Journal of Interpersonal Violence, 08862605241245368.
