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There cannot be consent unless the party in question has said something or done something to communicate consent. That is a communicative model.

In other words, you can’t assume through lack of resistance or lack of process that consent has been given. It is very simple.

Consent has to be communicated by the other party, saying or doing something.

This is about holding perpetrators to account, but more than that, it is about changing community behaviour.

It is about having a society where people ask simple questions. “Are you consenting?”

Where consent is affirmative and consent is sought, not just assumed through lack of protest or lack of physical reaction.

In addition to these reforms, we will also be introducing five jury directions – a new jury directions – that a judge, at their discretion, can give to a jury.

These are about dispelling rape myths. They are about making sure that a complainant can give their evidence and that a jury will not be preoccupied with rape myths and that a jury will assess that evidence fairly and impartially.

For example, a judge can direct a jury that you can’t assume from the way that someone is dressed, or the fact that they had consumed alcohol or drugs, that they are consenting to any sort of activity.

We can’t assume from the way someone gives the evidence in the witness box that they have consented to sexual activity.

For example, you can’t assume from a lack of emotion that they are or are not telling the truth. You can’t assume from the absence of physical protest or the absence of injury or violence that there has been consent.

This is all about making sure that jurors assist evidence fairly and impartially.