Senate debates

Wednesday, 21 August 2024

Bills

Criminal Code Amendment (Deepfake Sexual Material) Bill 2024; In Committee

10:59 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I understand what you've just said. In fact, I think I read out evidence similar to that. That wasn't exactly the issue. I want to understand the rationale for removing the definition of 'consent', given that there is currently a definition and given the concerns that have been raised particularly by legal experts. But, more than that, what now will actually occur in terms of needing to prove the consent issue to secure prosecution? Consent is likely now to become a contested issue at trial, which then means greater likelihood of needing to lead evidence about consent. Therefore, the natural progression of that becomes more cross-examination of the victims and in particular about what a victim did or didn't consent to, which obviously means more pressure on the victims. That means they're now in court and are having to answer questions on this. So the question is not so much about what you're doing. I understand what you're doing. It is about why you're removing the definition.

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