This article considers the way in which consent has been constructed and
evolved in the criminal law in the context of sexual assault. The article
compares and contrasts the test for consent across the Australian
jurisdictions, with particular interest on consent in the ACT – the only
jurisdiction in Australia with a negative consent model. The article examines
the intersection of common law and legislation in that jurisdiction, and
considers how consent came to be framed this way in that jurisdiction. It
suggests that the ACT will likely adopt a two-part reform based on the law
of New South Wales.