NSW sexual consent laws

NSW sexual consent laws

CHANGES TO sexual consent laws in NSW.

New sexual consent laws in NSW take effect. Here are the important details;

    The government has launched a two-pronged approach to consent reform including law changes and education campaigns, particularly for 16 to 24-year-olds who are considered the high-risk group of victims and perpetrators of sexual assault.

    What is consent?

    Sexual consent is when people “freely and voluntarily agree” to engage in sexual activity, including kissing, touching, oral sex and penetrative sex, according to new legislation.

    What is the age of consent?

    In NSW, the age of consent is 16 and anyone under that age is considered incapable of providing informed consent.

    How do you ask for consent?

    Although it may feel uncomfortable or like it will ruin the mood, the NSW government’s Make No Doubt consent campaign recommends asking for consent directly.
    This could look like these questions: “Is this okay?”, “Can I kiss you?”, “Do you want to try ___?”, “Want me to keep going?”.

    WHAT ARE CHANGES AS OF TODAY?

    Now, a person does not consent to sexual activity unless they do something or say something. 
    Under the new legislation “consent is a free and voluntary agreement that should not be presumed” and consent involves “ongoing and mutual communication”.
    Basically it means when you engage in a sexual activity, whether that be penetrative sex, oral sex, kissing or touching, consent is given through words or actions.
    “Consent can’t be assumed from silence or inactivity,” NSW Attorney General Mark Speakman said. 
    Laws have also been strengthened to say that if you consent to one sexual act it doesn’t mean you’ve consented to other sexual acts.
    Prosecutions of sexual offences are also pegged to be “fairer and more effective”.
    Work has also been done to improve the victim experience in the justice system and jurors have been given new directions to better understand the “complexities” of sexual offending. 
    IF YOU NEED ASSISTANCE WITH ANY SEXUAL CONSENT RELATED QUESTIONS PLEASE CONTACT US TODAY.

    Outwest Legal was established to bring high quality and cost effective, legal services to the Greater Western Sydney Region.