Beyond 'yes' and 'no': Structural inequality and the law of rape

In this episode, Emma is joined by Lucy and Liv to discuss their formal submission to the statutory review of sexual consent laws. In 2021, NSW introduced landmark "affirmative consent" reforms. But four years on, are they actually delivering justice for women? The team unpacks why the current legal definition of consent—"free and voluntary agreement"—is fundamentally flawed in a patriarchy. The discussion explores how the law fails to recognise the reality of coercive control, why the "reasonable steps" test still allows men to negotiate away a woman's "no," and why true affirmative consent requires flipping the presumption of male sexual access.This podcast provides general information and opinion only and does not constitute legal advice. Listeners should seek independent, professional legal advice before acting on any matters discussed. The hosts and AAWAA accept no liability for decisions made based on this content.