Criminal Lawyer Alex Cao Invited to Participate in Australian Government and SBS Collaboration Project: Understanding Sexual Consent
We are proud to share that Alex Cao, Partner of the Brightstone Defence was recently invited to participate in a national project initiated by the Australian Government in collaboration with SBS. This important initiative aims to educate the community about sexual consent, addressing common misconceptions and promoting a safer, more respectful society.
Understanding the Urgent Need for Change
Recent figures reveal a confronting reality: in 2023, Australia recorded over 36,000 sexual assault victims, with 41 percent being teenagers aged 10 to 17. Shockingly, young males aged 15 to 19 are the most frequent perpetrators. These statistics highlight the urgent need for community education and cultural change, reminding us that everyone can play a role in making a difference.
What is Sexual Consent?
Desiree Bensley from Respect Victoria, an organisation focused on gender equality and sexual violence prevention, explains that sexual consent is about reaching an agreement to participate in specific sexual activities.
Consent is required at every stage, whether it is a first meeting, between strangers, or within a marriage. As Bensley states, "We have no right to claim ownership over another person's body."
Key elements of sexual consent include:
- Free and voluntary: Consent must be given without pressure, force, or manipulation.
- Clear and informed: Consent must be obvious and ongoing, not assumed.
- Active and expressed: Consent must be clearly communicated, whether verbally or through actions.
- Capacity and safety: Consent cannot be given by someone who is unconscious, intoxicated, or otherwise unable to make rational decisions.
Misunderstandings in the Chinese-Australian Community
Drawing on his extensive experience, Alex Cao highlighted that many immigrants face challenges understanding how Australian laws define sexual consent.
"Many of my clients come from different cultural backgrounds, where concepts around relationships, marriage, and sexual consent may differ. There can be a lack of understanding about issues such as 'intoxicated consent' or the legal rights to report sexual assault, even within marriage," Alex explained.
Common misconceptions include:
- Believing sexual assault victims must always show visible emotional distress.
- Assuming that consent issues do not exist within marriages or long-term relationships.
These misunderstandings can have serious legal consequences. By improving education on sexual consent, many incidents could be prevented before they occur.
Building a Stronger Consent Culture
Sexual consent is a skill that can be learned by everyone. It is built on empathy, communication, respect for boundaries, and the ability to accept rejection. These principles are not just legal requirements; they form the foundation for healthy and respectful relationships.
Recognising the importance of reaching diverse communities, the Australian Government has made sexual consent resources available in multiple languages to ensure accessibility for new immigrants.
As Bensley wisely stated, "If we ourselves have insufficient understanding of sexual consent, how can we expect young people to understand it?"
Supporting Community Awareness and Safety
At Brightstone Defence, we are dedicated to supporting initiatives that enhance community education and foster a culture built on respect, safety, and inclusion for all Australians. Our commitment to these values is reflected in our ongoing participation in projects that promote a better understanding of key social issues, such as sexual consent.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
