NSW sexual consent laws to be reformed
By Lauren Croft|26 May 2021
In a massive step forward for NSW, Attorney-General Mark Speakman has just announced the reform of sexual consent laws.
The announcement comes after the NSW Law Reform Commission (LRC) published a report last November analysing the NSW consent laws. The current laws will be strengthened and simplified in response to increasing calls across the community to protect victims and survivors of sexual assault.
The new stipulations mean that affirmative consent is now law: unless someone does or says something to communicate consent, they have not consented to sexual activity. Similarly, the accused person’s belief in consent will not be recognised by law unless they did or said something to establish consent. This also protects victims further by recognising the “freeze” response, whereby someone freezes and cannot communicate a lack of consent.
I had gone to court alone. I often wished to do those things alone then. It might sound silly, seeing as the only thing you probably know about me is that I was assaulted, but I was embarrassed. I didn’t want my family and friends to hear every detail over and over again.
So out I walked in a daze. My mum’s friend was outside of the court. He said hello and walked me to my office, his kindness helping carry my stunned body to its destination. I sat down, looked out the window and thought: “So, what now?”
Last modified on Tue 25 May 2021 00.53 EDT
The New South Wales government on Tuesday announced it would change the laws around sexual consent to better deliver justice to victims and survivors of sexual assault.
The changes come after a law reform commission review and a campaign by advocates such as Saxon Mullins, who was the subject of a major Four Corners investigation.
What is proposed in NSW?
The NSW government plan to adopt an affirmative consent model. This means a person must do or say something to affirm they have consent before sex occurs.
The reforms will mean:
(a) a person does not consent to sexual activity unless they said or did something to communicate consent; and