National promises stricter rules on sexual consent

National is promising to modernise laws on sexual consent, saying there must be consent before sex every time, rather than assuming it has been given.The party says if it is re-elected, it will ensure that consent is actively given, meaning there must be a "yes" rather than the absence of a "no".Justice spokesperson Paul Goldsmith said the "yes" could be communicated by words or actions and that silence was not consent."Unlike other jurisdictions we normally compare ourselves with, New Zealand law does not define what consent is. Rather, the Crimes Act provides a non-exhaustive list of what consent is not."The change would align the law with what we've been telling our kids for a long time: that you need positive consent before sex, each and every time, rather than presuming it," he said.In court cases, the prosecution would still need to prove beyond reasonable doubt that consent was not given and that the defendant did not believe on reasonable grounds that it was, he said."This isn't only about the courts, where explaining what consent is, not just what it isn't, helps judges and juries. It also resets social expectations, so that sex is understood as something both people actively choose."Goldsmith said National's sexual consent laws built on the party's promise to ban good character discounts at sentencing for all sexual offending, and its work in government to give sexual violence victims the power to determine whether their perpetrators received permanent name suppression.