Changing the Laws

PART 1 — PROTECTING WIVES: SEXUAL CONSENT BY DECEPTION

New Offence: Sexual Activity Without Informed Relational Consent

Statutory definition

A person commits an offence if they:

1. Are in a relationship of agreed sexual exclusivity (marriage or equivalent); and
2. Engage in sexual activity with a third party (paid or unpaid); and
3. Conceal that activity from their spouse; and
4. Subsequently engage in sexual activity with their spouse; and
5. Know or are reckless as to the fact that the spouse would not have consented if the truth were known.

Legal effect

• Subsequent sex with the wife = non-consensual
• Categorised as sexual assault by deception

📌 This is the primary protection for wives and unborn children.
 

PART 2 — PUBLIC HEALTH: DISEASE TRANSMISSION 

Existing principle 

A person commits an offence if they knowingly or recklessly transmit a serious communicable disease to another person without disclosure.

Applies equally to:

• Husbands
• Sex workers
• Casual partners
• Anyone

Key safeguards

• Liability requires knowledge + risk + causation

📌 This protects wives and unborn children.

PART 3 — REGULATING LEGAL PREMISES 

A. Premises Licensing Conditions

Licensed sex-work premises must:

1. Provide mandatory written health information to clients stating:
   • no can guarantee disease-free status
   • testing reduces risk but does not eliminate it
   • clients are responsible for protecting themselves and others
   • contain a statement informing the client that workers are not guaranteed “clean,” “disease-free,” or be “tested as safe”

B. Buyer Accountability Notice - Displayed at Premises and written form to be signed by both parties prior to paid services, including name (on licence), phone number and address of both parties (note sex-worker to display business address).

By entering a licensed premises, buyers are deemed to acknowledge:

“I understand that engaging in sexual services does not relieve me of responsibility for disclosure obligations owed to any spouse or partner. I accept criminal liability for deception or reckless disease transmission.”

• this is to be signed by the person entering the premisis engaging with services and sex workers are to keep records who they see in case they need to notify of any future sexual disease identification and possible transmission.

PART 4 — CIVIL REMEDIES FOR WIVES

In addition to criminal law:

New Civil Cause of Action:

Bodily Autonomy Violation by Sexual Deception

A wife may sue her spouse for:

• psychological harm
• physical and medical harm
• violation of sexual autonomy

📌 This gives wives agency and remedies the criminal law alone cannot.