12 September 2025

Nation-leading review of ACT consent laws withdrawn over botched data

| By Nicholas Ward
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An embarrassing data mix-up has forced the government to withdraw a much hyped review of consent laws after sexual assault figures were off by 2000 per cent. Photo: Michelle Kroll.

A review of Canberra’s affirmative consent laws has been retracted following the revelation of data errors.

The report used data that incorrectly inflated sexual assault numbers in the last quarter of 2024 by about 20 times.

The Justice and Community Safety Directorate (JACS), the organisation conducting the review, has acknowledged the errors and taken down the report as it works to correct the figures.

The report’s conclusion that affirmative consent laws were effective, clear and operating as intended should be largely unaffected by the change.

A JACS spokesperson said the issue didn’t impact the wider findings of the report.

“Unfortunately, an error was made in preparation of the data for presentation in the report, which had not been identified by either party prior to its finalisation,” the spokesperson said.

“This error has impacted some of the information and findings included in the report.”

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One of the report’s key findings highlighted the increase in sexual assaults reported to police, a possible example of the laws taking their intended effect.

The spokesperson said the data errors did not impact this finding.

“Notwithstanding these issues, data from ACT Policing still demonstrates the rates of charges laid by ACT Policing on an annual basis for sexual offences within the scope of the review has increased,” the spokesperson said.

“Other findings in the report, such as those drawn from qualitative data based on stakeholder feedback and an analysis of published decisions applying the new laws, are not affected by this inadvertent error.”

Region contacted ACT Attorney General Tara Cheyne who declined to comment.

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The government and non-profits had hailed the report, a statutory review of the new laws’ operational effectiveness, as the first of its kind in Australia.

Conducted internally by the JACS directorate from late 2024 to 2025, the report was tabled last week.

When introduced in 2022, the ACT affirmative consent laws were the first of their kind implemented in Australia.

The laws outline sexual consent is never presumed, people have a right to not participate, and consensual sex involves ongoing communication.

The statutory review had found stakeholders felt the changes had been largely positive, though some groups suggested changes, largely around definitions of sexual activity.

The JACS directorate will now work with ACT Policing to revise the relevant content of the report.

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