Hey, hello. Caroline here. After a brief hiatus, we’re back with another episode of The Philosophy of Sex! In this episode, I discuss sex and law with author, journalist, and activist, Bri Lee. 

A lot has changed within Australian consent law in the last 12 months. In June, NSW enacted affirmative consent laws that require people to give and obtain consent before sex. Victoria followed suit a few months later. After a disheartening 2021 awash with allegations of sexism and sexual violence within our political and legal systems, the newly implemented laws felt deeply consequential and monuments. 

When these new laws were introduced, I was simultaneously relieved, overjoyed, and concerned that they are merely a bandaid for a much bigger problem. Law helps us when something goes wrong. In some cases, it can be a deterrent. However, how do we prevent sexual violence from happening in the first place? And can the law be responsible for this?

While consent law is undeniably important, and a huge step forward, Bri and I discuss whether legislation alone can genuinely curb rates of sexual violence. We discuss the need for shifts in cultural attitudes and asking deeply uncomfortable questions like why predominantly men perpetrate sex crimes, and how we respond to this constructively. Bri and I also explore issues of bias, and whether ideas of objectivity serve or hinder the justice system. 

Bri is the author of three books, including Eggshell Skull, a memoir chronicling her time working as a judge’s associate while pursuing her own sexual assault case. She is currently completing PhD in law at the University of Sydney, where she lectures in media law. Bri has been a vocal advocate for improvements to consent law and sexual violence law, particularly in Queensland. 

This conversation happens in two parts. The first, looking at the criminal justice system from a survivor’s standpoint. Bri shares her story and explains the process of pursuing her own case. The second part explores the wider issue of reducing sexual violence in society, and whether the law is an effective method for creating such reductions.

This conversation is about consent, accountability and our many blindspots in working towards a world with less sexual violence. Before listening, please bear in mind this conversation discusses sexual abuse; however, no graphic details are shared.

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